SCURT EXAMEN (PARȚIAL CRITIC) ASUPRA JURISPRUDENȚEI ÎNALTEI CURȚI DE CASAȚIE ȘI JUSTIȚIE – COMPLETURI PENTRU DEZLEGAREA UNOR CHESTIUNI DE DREPT ÎN MATERIA EXECUTĂRII SILITE
Brief Examination (Partially Critic) on Jurisprudence of High Court of Casstion and Justice - Panels for Solving of Right Matters in The Matter of Enforcement Proceedings

Author(s): Nicolae Horia Țiț
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: resolution of points of law; enforcement; bailiff; claim; enforceable title;
Summary/Abstract: The article looks into the judgments rendered by the High Court of Cassation and Justice - panels for the resolution of points of law in the matter of enforcement, which are published in the Official Gazette until 15 March, 2019. In this respect, solely the judgments admitting the referrals made by the courts are taken into consideration. Thus, enforcement issues regarding the competence of the enforcement body, the classification of court charges as primary obligation in the enforcement title and the possibility to update such charges in the context of enforcement, the enforceability of the mortgage agreement, the enforcement rendering of the promissory note, the conventional representation of the legal entity for filing the enforcement request, the effects of deeming as unconstitutional the provisions of art. 666 para. (2) of the Civil Procedure Code, in the form prior to the amendments brought by G.E.O. no. 1/2016, the amounts that may be subject to garnishment, the enforcement procedure of the obligations to do or refrain from doing that are intuitu personae.

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