CONSIDERATIONS WITH RESPECT TO THE JURISDICTION AND THE STRUCTURE OF THE COURT INVESTED WITH THE APPLICATION OF SUSPENDING THE LEGAL ENFORCEMENT IN THE NEW CODE OF CIVIL PROCEDURE
DOI:
https://doi.org/10.15837/aijjs.v7i3.674Keywords:
suspension of enforcement, provisional suspension, suspension itself (the fund), jurisdiction, incompatibilityAbstract
AbstractThe new Romanian Code of civil procedure comprises a series of new legislative
solutions with respect to the jurisdiction and the structure of the court invested with the
request of suspending the legal enforcement. More specifically, in the case of provisional
suspension of the execution, which will take effect up to the settlement of the application of
enforcement suspension made in the framework of the opposition to execution, the legal
provisions no longer expressly provide that it shall be settled by the chairman of the court,
but only mentions that the demand shall be settled by the court. This article analyzes the
implications of the new regulations with regard to the matter of jurisdiction and the structure
of the court, in respect of both former and new Code. Nevertheless, we shall analyzed the
general legal rules on the jurisdiction of the court in the settlement of suspension, with
reference to its competence in solving the opposition to enforcement and we shall highlight
the provisions relating to the application in time of the legal provisions contained in the new
Code of civil procedure.
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