Încheiere de încuviinţare executare silită admisă. Obligarea executorului judecătoresc la plata cheltuielilor ivite cu imprimarea cererii de executare trimise via e-mail. Nelegalitatea măsurii
Declaration of enforceability granted. Ordering the bailiff to pay the costs of printing the request for enforcement sent by e-mail. Unlawfulness of the measure
Author(s): Sabin-Liviu GherdanSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: trial costs to the State; bailiff; declaration of enforceability; appeal to enforcement; appeal; admissibility;
Summary/Abstract: The analysis carried out concerns the atypical situation where, by an admissible declaration of enforceability, the enforcement court ordered the bailiff, who had referred the matter to the court by an e-mailed request, to pay the costs incurred in printing the enforcement request. In our opinion, the decision cannot be based on the provisions of Article 149 of the Civil Procedure Code, as indicated in the Decision of Presiding Judge Turda, which was the act that was the basis of the decision to order the payment of the trial costs to the State, and that in any case, the bailiff should not have been ordered to pay these sums of money. We have also tried to show that in such a situation, from the point of view of the contested decision and the procedural interest, the bailiff has the right to appeal and not to contest the enforcement.
Journal: Revista Română de Executare Silită
- Issue Year: 2024
- Issue No: 04
- Page Range: 76-87
- Page Count: 12
- Language: Romanian
- Content File-PDF
