CONSIDERATIONS REGARDING THE PSYCHOLOGICAL COUNSELING OF THE MINOR DURING THE FORCED EXECUTION PHASE
CONSIDERATIONS REGARDING THE PSYCHOLOGICAL COUNSELING OF THE MINOR DURING THE FORCED EXECUTION PHASE

Summary/Abstract: Article 913 of the Civil Procedure Code stipulates two situations in which thebailiff will notice the existence of an impediment to enforcement: when the minorhimself refuses to leave the debtor, that is, when the minor has aversion to the creditor.Faced with either of the two hypotheses, the bailiff will not put pressure on theminor (he will not use force), but will draw up a report of the findings, which he willcommunicate to the parties and the representative of the Directorate General for SocialAssistance and Child Protection, who will notify the competent court for apsychological counseling program appropriate to the child's age. According to the law,the psychological counseling program can not exceed 3 months.Starting from the purpose of adopting the new forced execution procedure forjuveniles, we analyze the extent to which the current regulation of psychologicalcounseling in the framework of forced execution respects the principle of the minor'ssuperior interest.

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