APPEAL TO ENFORCEMENT. ENFORCEMENT ORDER Cover Image

APPEAL TO ENFORCEMENT. ENFORCEMENT ORDER
APPEAL TO ENFORCEMENT. ENFORCEMENT ORDER

Author(s): Dragos Lucian Radulescu, Delia Mihaela Marinescu
Subject(s): Constitutional Law, Civil Law, Human Rights and Humanitarian Law, Law on Economics, Canon Law / Church Law
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: creditor; enforcement; claims; appeal.

Summary/Abstract: The creditor who owns an enforcement, through enforcement proceedings, in order to protect its property rights, make appeal to the coercive force of the state. On the other side, the intervention of bailiff, for the purposes of enforcement proceedings, will take place only if the debtor opposes payment of creditor's rights, for not complied voluntarily. Admissibility of enforcement at the request of the creditor will be conditioned mainly by the existence of an enforceable title, usually represented by a court decision enforceable or final, or provisional enforcement of a judgment or another document which has features enforceable.If procedural art.712 of the Code of Civil Procedure applicable to requests for enforcement of creditors appeal against any acts of execution made during enforcement proceedings, the appeal Title clarifying certain aspects of the legal effects caused by it. The article states such execution appeal procedure introducing the title, claim resulting from an enforcement represented by a final court decision. In article ar detailed requests detailed of the debtor regarding the cancellation issued enforcement activities, the execution itself, with reference to motivation, defenses in fact and in law and court interpretation.

Toggle Accessibility Mode