Choosing between the forced enforcement procedure of Law 554/2004 and that provided by the Civil Procedure Code Cover Image
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Alegerea între procedura de executare silită conform Legii nr. 554/2004 şi cea prevăzută de Codul de procedură civilă
Choosing between the forced enforcement procedure of Law 554/2004 and that provided by the Civil Procedure Code

Author(s): Andreea Tabacu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: forced enforcement; administrative disputes; intuitu personae obligations; Law 554/2004; Code of Civil Procedure;

Summary/Abstract: In the administrative dispute resolution, in the case of the writs of enforcement – court decisions – comprising intuitu personae obligations to perform, ordered upon a public authority, in Law 554/2004, the legislator established special rules regarding the forced enforcement. At the same time, the Code of Civil Procedure refers to the enforcement of obligations to perform, such as issuing an authorization, issuing a certificate or handing over a document, for which, in case of breach by debtor, the creditor may resort to forced enforcement under the code. Thus, it becomes necessary to determine the applicable norm, respectively if the court may order to notify the enforcement agent in order to enforce such writs of enforcement.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 39-48
  • Page Count: 10
  • Language: Romanian