We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
Disciplinary proceedings are these of repressive nature wherein penalties which limit the freedom and rights of a guilty person can be adjudicated. Such proceedings are diversified and have no pattern for developing models of the disciplinary responsibility of particular professions, including professions of public confidence. By focusing on the diversification of disciplinary proceedings, including the rules of such proceedings in particular models, the authoress opts for uniforming rules of the proceedings. She considers it necessary and possible to define basic rules of disciplinary proceedings which can be referred to while developing a code of disciplinary proceedings or different models of proceedings for particular occupation groups or professions. The article postulates rules which, according to the authoress, seem to be fundamental while not necessarily fit for all types of disciplinary proceedings. She notes that her suggestions are to be a proposal for the further discussion on developing standards of reliable procedures in disciplinary proceedings.
More...
Return of compulsory execution stands for an objection on a point of law entailed by the cancellation of underlying enforcement deeds or writ of execution, case in which the procedures of transferring the ownership right, extinguishing obligations under the enforcement deeds cancelled by right or by the law court become absolutely void, based on the principle quod nullum est nullum product efectum. On these grounds, the interested party may apply for reinstatement of parties to the previous situation (the status quo ante). Therefore, the point of law undergoing resolution is the reinstatement of parties to the previous situation, point of law that, according to art. 4011-3 Code of Civil Procedure, is referred to the court.
More...
The „special purpose filing” procedure involves the establishment of general and restrictive conditions on the filing or recording by the debtor or third party guarantor of the amounts for which prosecution is pursued with the aim of stopping or terminating enforcement or precautionary measures. Special purpose filing is possible until the adjudication of goods undergoing forced sale is final.Jurisdiction to hear the claim on the termination of precautionary or enforcement measures falls upon the bailiff.
More...
Despite the lack of an express provision in Romanian national legislation, on the possibility of law courts to adjust or exempt from payment of bail, courts are required to rule on such claims, their dismissal on grounds of inadmissibility being unsubstantiated and abusive, transgressing the European Convention on Human Rights, the Constitution of Romania, as well as other relevant national and international purports.
More...
If the enforcing creditor periodically files claims to continue the compulsory execution, each time shortly before the expiration of the six-month period, this is not likely to prevent de jure operation of obsolescence, whereas – on the one hand – the request to continue enforcement proceedings is not an execution deed in itself and, on the other hand, the creditor has available a procedural means to force the bailiff to continue compulsory execution, to the extent the latter may have refused to do it, the complaint provided by Art. 53 of Law no. 188/2000, respectively.
More...