Procedura înscrierii unor raporturi, acte sau fapte juridice în registrele publice pe calea executării silite. Scurtă analiză a dispozițiilor art. 909 din Codul de procedură civilă
Procedure for the registration of certain legal relationships, documents or acts in the public registers by enforcement. A brief analysis of the provisions of art. 909 of the Code of civil procedure

Summary/Abstract: As an absolute novelty in the matter of direct enforcement of the contractual obligations to provide services, the Code of Civil Procedure 2012 governs the procedure for the registration of certain legal relationships/documents/acts in public records – public registers. However, Article 909 of the CCP establishes an atypical procedural context, in which enforcement shall generally apply against a third party toward the substantive legal relationship, with all consequences of substantive and procedural law arising from achieving, by operation of law, of the capacity of debtor of the entity which manages/operates the concerned public registry. The same text governs as well, a case of private enforcement, upon simple request of the liability creditor. However, in the case of enforcement by a bailiff, this is of typical nature, subject to the preliminary procedures for registration and building up an enforcement file, the declaration of enforceability, and, in substance, it is subject to the rules of performance of the contractual obligations to provide work which can only be performed by the debtor – intuitu personae obligations.

• Details
• Contents