Măsurile asigurătorii - modalitate de conservare a drepturilor care se valorifică prin intermediul acțiunii civile
Preventive measures ordered by the court - a way to preserve the rights capitalized upon through civil actions

Summary/Abstract: The role of a civil case is, among others, to defend, to capitalize upon the citizens’ fundamental rights and liberties, their legitimate, infringed or non-recognized rights, and subject to a lawsuit. In this sense, the state has the obligation to organize and guarantee the implementation of justice, as a power separate from the state, reserving - with some exceptions - the right to solve through its bodies, especially designed to this purpose, the conflicts of interest that appear in social relations.Thus, in broad lines, the importance of civil legal procedures can be stressed from several perspectives. First of all, it gives the owners of the civil rights the possibility to use them legally, in case they are infringed or contested. Second, through pre-established conditions and forms, it provides the appropriate organisational and procedural framework for contradictory debates so that, in any civil lawsuit, the parties can support and defend their claims. Civil trial regulations, and not only, provide judges with an authoritarian line of behaviour, forcing them to insure compliance with the legal dispositions and to sanction, if needed, through means that are regulated in this respect, any infringement or attempt to avoid law. At the same time, we must also take into account the possibility to capitalize upon the rights obtained or consolidated as a result of a court decision, respectively effective achievement by executing the jurisdictional act, with the condition that the actions imposed by the Court can be fulfilled, the debtor’s patrimonial assets being enough. These precise hypotheses and legal measures that can be taken by a court in a civil lawsuit in such situations are the subject of our study.

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