Debutul procedurii de executare silită. Motivele de respingere a cererii de încuviinţare a executării silite întâlnite în practica judecătorului stagiar
The start of the enforcement procedure. Grounds for refusal of the claim for granting enforcement encountered in the practice of the trainee judge

Summary/Abstract: This article looks at recent cases in judicial practice which have led to the rejection or partial admission of applications for a declaration of enforceability from the perspective of the trainee judge. Starting with issues such as the jurisdiction of the bailiff, the lack of proof of the creditor's status, the certainty and enforceability of the claim, the enforceable title represented by the loan contracts concluded at a distance or the existence of manifest errors in the judgement which constitutes an enforceable title, the enforcement courts analyse a variety of factual and legal elements with a view to initiating the enforcement phase in an appropriate manner. Without claiming to be exhaustive in dealing with the grounds for refusal of the application for a declaration of enforceability, the following lines will present the most frequent or notable legal problems identified in practice by the trainee judge, highlighting the professional debut by combining theoretical and practical aspects.

• Details
• Contents