Considerations regarding the modifications made by
Law no. 310/2018 on
the opposition to enforcement
Considerations regarding the modifications made by
Law no. 310/2018 on
the opposition to enforcement
Author(s): Mădălina DinuSubject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: opposition to enforcement; debtor; enforceable title; court decision; common law action;
Summary/Abstract: The opposition to enforcement represents the procedural way by which, in the second phase of the civil process, the parties or third persons injured by execution, invoke in front of the competent court, irregularities regarding the acts of execution committed in the case, in order to cancel, the correction of the challenged execution act, or to obtain the cancellation or cessation of the enforced execution itself, or, where appropriate, to clarify the enforceable title. The modifications made by the Law no. 310/2018 have attracted a series of questions regarding the reasons that can still be successfully invoked on the way of the opposition to enforcement in the context in which the cause of termination of the enforceable title can be invoked other than a court decision if the party has a common law action at hand.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: VII/2019
- Issue No: VII
- Page Range: 527-534
- Page Count: 8
- Language: English