The active role of the bailiff in the procedure for appointing the special trustee for enforcement Cover Image
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Rolul activ al executorului judecătoresc în procedura numirii curatorului special pentru executare
The active role of the bailiff in the procedure for appointing the special trustee for enforcement

Author(s): Cristiana-Giulia Nistor, Ciprian-Lucian Soponar
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: other requests in the enforcement procedure; special trustee for enforcement; debtor deceased before the bailiff's notification;

Summary/Abstract: This commentary analyzes a number of controversial issues in judicial practice as to how the bailiff exercises the active role in the procedure concerning the appointment of the special curator for enforcement, as there have been situations where enforcement courts have confused the special curator for enforcement with the special curator appointed in the notarial probate procedure. Thus, we will analyze the hypothesis in which the bailiff is entrusted with a request for enforcement against a debtor who died prior to being notified, which results from the checks carried out by the bailiff and the appointment by the enforcement court at the request of the bailiff of a special trustee for enforcement.

  • Issue Year: 2024
  • Issue No: 03
  • Page Range: 113-119
  • Page Count: 7
  • Language: Romanian
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