PRINCIPIILE FUNDAMENTALE ALE EXECUTĂRII SILITE
FUNDAMENTAL PRINCIPLES OF COMPULSORY EXECUTION

Summary/Abstract: Every major institution of civil procedural law and especially compulsory execution is governed by certain general rules which regulate its structure and development. These rules carry not only theoretical weight but also a practical one, contributing, on the one hand, to the understanding and interpretation of laws governing this activity, and, on the other hand, are conductive in the interpretation of ambiguous provisions or the adjunction of some legal rules, eventually leading to the creation of a unitary-executive case law. Given that these rules determine the subject’s hereby entire regulatory matters, they are defined hereinafter: the principle of legality; the principle of right to a fair trial while undergoing compulsory execution proceedings; the principle of debtor’s protection in carrying out compulsory execution; the humanitarian principle of compulsory execution; the principle of bailiff’s active role; the availability principle; the principle of debtor notification; the principle of freedom, independence and impartiality of the bailiff; the principle of immediacy; the principle of equality of arms while undergoing compulsory execution proceedings; the principle of execution of deeds in the Romanian language; the principle of professional secrecy while undergoing compulsory execution proceedings.

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