LIMITATION OF THE RIGHT TO REQUIRE ENFORCEMENT UNDER THE RULE OF THE NEW CIVIL PROCEDURE CODE OF AN ENFORCEMENT ORDER OBTAINED BEFORE ITS ENTRY INTO FORCE

  • Carmen Adriana DOMOCOȘ University of Oradea Faculty of Law, *Correspondence: Carmen Adriana Domocos, University of Oradea, Faculty of Law, 26 General Magheru, Bihor, Romania

Abstract

In a case, the court of appeal have interpreted the provisions of the law regarding the enforceable judgments delivered at first instance, with the right of appeal, or those in respect of which the parties agreed to directly exercise the appeal, when those interested or harmed by the enforcement can require the cancellation of the enforcement documents drawn up by violation of the legal provisions. The jurisprudence is not unanimous to consider the enforceability of the final civil decision is, however, a temporary one, until it is confirmed by the court of appeal, and it is removed when the court of appeal gives a contrary approach. One of the roles of the limitation is to provide the security of legal relationships, because after the expiry of the limitation period the debtor is satisfied that it can no longer be enforced, and the creditor knows that he no longer benefits from the coercive force of the state in order to recover his debt. On the other hand, to oblige the creditor to enforce a temporarily enforceable decision, about which he has no certainty that it will be upheld on appeal, means violating the very principle of the security of legal relationships, which the legislator intended to protect.

References

1. Marian Nicolae, Treaty on limitation, Universul Juridic Publishing House, Bucharest, 2010;
2. Gabriel Boroi (coordinator) and the collective, New Civil Procedure Code - comment on articles, Hamangiu Publishing House, Bucharest, 2013;
3. http://www.juridice.ro/347769/iccj-hotarare-executorie-vs-hotarare-neexecutorie.html.
Published
2017-12-20
How to Cite
DOMOCOȘ, Carmen Adriana. LIMITATION OF THE RIGHT TO REQUIRE ENFORCEMENT UNDER THE RULE OF THE NEW CIVIL PROCEDURE CODE OF AN ENFORCEMENT ORDER OBTAINED BEFORE ITS ENTRY INTO FORCE. AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES, [S.l.], v. 11, n. 2, p. 13-27, dec. 2017. ISSN 2067-7677. Available at: <http://univagora.ro/jour/index.php/aijjs/article/view/3156>. Date accessed: 26 sep. 2020. doi: https://doi.org/10.15837/aijjs.v11i2.3156.