Particularităţile respectării și apărării drepturilor părţilor în cadrul procedurii de executare
Particularities of respect and defense of the parties’ rights in the enforcement procedure

Summary/Abstract: Respecting/protecting the rights of the parties and other persons when carrying out enforcement actions is a pressing issue in the field of enforcement proceedings. The decisions and actions of the bailiffs imply legal consequences on the debtor's rights. From the position of legality of law enforcement in the field of enforcement proceedings, the violation of the rights and legitimate interests of the parties to the enforcement procedures and other persons in the execution of the enforcement actions is unacceptable. In order to control the legality of the enforcement proceedings, to ensure the protection of the rights of the parties and other persons against the illegal actions (inactions) of the bailiff, the Enforcement Code provides the debtors’ possibility to contest the documents of the bailiff under the conditions provided by the Enforcement Code and the Procedure Code civil. In order to execute the documents submitted by the creditors, the judicial executors often issue judgments that infringe the debtors' rights, being implicated in the procedure, both material and psychological. The practice of bailiffs, often abusive, is not uniform and gives the chance for ambiguous interpretation that violates the debtors' fundamental rights. The article will analyze the levers available to the debtor in the realization of his rights violated by the actions/inactions of the bailiff and the courts decisions are respected/enforcerd by the beiliffs through the appeals.

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