Anularea încheierii prin care se încuviinteaza executarea silita – o creatie a jurisprudentei
Cancellation of the conclusion that approves enforcement – a creation of jurisprudence

Summary/Abstract: The provisions of the current Civil Code of the enforcement matter are not clear in terms of the possibility to cancel the conclusion that approved the enforcement, leaving the impression that there is no possibility to eliminate it. Still, the jurisprudence “repaired” the legal imperfection stating the admissibility of the cancellation of the aforementioned conclusion. Although the original version of the new Civil Code provided a similar configuration of the texts relevant for the examined matter, the application Law of the new Civil Code, as it was adopted by the Romanian Senate, took over the acceptance included in the legal practice, consecrating expressly the possibility that, through the execution claim, the conclusion that approved the enforcement is cancelled.

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