Cheltuielile de executare, vădit disproporţionate sau excesiv cenzurate?
Enforcement costs grossly disproportionate or excessively censored?
Author(s): Cristiana-Giulia Nistor, Ciprian-Lucian SoponarSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: appeal against enforcement; reduction of the bailiff's fees; grossly disproportionate enforcement costs; conclusion of the decision setting the enforcement costs;
Summary/Abstract: This article analyses a number of controversial and frequently encountered issues in the practice of the courts, namely the censure of enforcement costs in the course of a challenge to enforcement. At first sight, reading the provisions of Art. 670 para. (4) C. pr. civ. in conjunction with art. 451 para. (2) and para. (3) of the Code of Civil Procedure, the court's assessment of the 'manifestly disproportionate' nature of the enforcement costs appears to be purely subjective, giving the enforcement court the possibility to censure them at any time during the enforcement. In judicial practice, objective criteria can be identified which allow the court in charge of sorting a claim for censure of enforcement costs to carry out a fair and equitable analysis of the work carried out by the bailiff and the lawyer during the enforcement phase, in accordance with the socio economic reality.
Journal: Revista Română de Executare Silită
- Issue Year: 2024
- Issue No: 02
- Page Range: 93-101
- Page Count: 9
- Language: Romanian
- Content File-PDF
