Rolul instanţei în executarea silită a hotărârilor judecătoreşti şi a altor titluri executorii referitoare la minori
The role of the court in the enforcement of judgements and other enforceable titles relating to minors

Summary/Abstract: The study aims to capture the specifics of the enforcement procedure of judgments and other enforceable titles relating to minors from a dual perspective, that of the theorist concerned with the enforcement of civil obligations per se and that of the judge, who is asked to resolve specific issues. From a purely theoretical perspective, we have noted that, similarly to other countries such as Belgium or the Netherlands, the Romanian legislator has devised a whole arsenal of means to force the enforcement of obligations derived from family relationships, namely, the application of penalties, civil fines, criminal liability or the obligation to psychological counselling, these being some of the ways in which continental enforcement law, in general, attempts to ensure the enforcement of obligations in this sphere of private life, but in the Romanian context they are not necessarily as successful as expected. Unlike the enforcement of other types of obligations, in this particular category of judgments concerning minors, the judge intervenes in several stages, either by the bailiff or by the representative of the general directorate for social assistance and child protection, with the role of ensuring the immediate and accurate enforcement of enforceable titles in the field of family relations. As a proposal de lege ferenda, we have put to the legislator an idea found in Belgian or Dutch law, consisting in the possibility of modifying the judgment, enforceable title, in favour of the victim parent when the other parent refuses to execute or to respect the measures ordered by the judgment, which in our opinion would prove to be the most effective means of coercion.

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