Theoretical and practical aspects regarding the forced surrender of immovable property as a form of direct enforcement proceedings
Theoretical and practical aspects regarding the forced surrender of immovable property as a form of direct enforcement proceedings

Summary/Abstract: Enforcement of the enforceable title, whether it is a court decision, an arbitral award or another document in which the law recognizes its enforceability, can be achieved through two methods, namely, direct enforcement and indirect enforcement. Through direct enforcement, the creditor seeks the fulfillment by the debtor, in kind, of the obligation stipulated in the enforcement title, respectively, the forced surrender of the movable assets (Article 893 895 of the Civil Procedure Code), the forced handover of immovable assets (Article 896 902 of the Civil Procedure Code), as well as the enforcement of other obligations to do and not to do, including the enforcement of judgments concerning minors (Article 903 914 of the Civil Procedure Code). Enforcement is indirect when the creditor, who has to make a money claim recognized by the enforcement title, seeks to satisfy the claim from the amounts obtained by capitalizing the debtor's assets or by seizing the amounts he has to receive from third parties[1], thus garnishment being a form of indirect enforcement (regulated in the content of Article 781 794 of the Civil Procedure Code), seizure of unharvested fruits and root crops (Article 795 799 of the Civil Procedure Code), seizure of the general income of real estate (Article 800 812 of the Civil Procedure Code), legal seizure of movable assets (Article 727 780 of the Civil Procedure Code), legal seizure of immovable assets (Article 813 863 of the Civil Procedure Code).

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