THE APPLICABILITY OF RULES
IN THE FIRST INSTANCE JUDGMENT
IN THE APPEAL CASE EXECUTION
THE APPLICABILITY OF RULES
IN THE FIRST INSTANCE JUDGMENT
IN THE APPEAL CASE EXECUTION
Author(s): Mădălina DinuSubject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: first instance; appeal to execution; settlement; defense; evidence; appeals;
Summary/Abstract: Procedural objection to execution is the means by which, in the second phase of the civil trial, the parties or third parties injured by executing raised before the competent court irregularities in executing acts committed in question for cancellation, straightening act challenged enforcement or to obtain cancellation or termination of enforcement itself, or, when appropriate to clarify enforcement order. Considering that the legal provisions of art.716 para 1 NCPC provide that if the appeal court proceedings relating to enforcement provisions apply in the first instance in properly be analyzed to what extent they are compatible with appeal enforcement, given the urgency of the procedure.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: III/2015
- Issue No: III
- Page Range: 388-395
- Page Count: 8
- Language: English