Calitatea procesuală activă a executorului judecătoresc în cererea privind aplicarea de penalităţi
Standing of the bailiff in a claim for the application of penalties

Summary/Abstract: This commentary aims to analyze the active procedural standing of the bailiff in applications for the application of penalties to the debtor in the enforcement of enforcement titles relating to minors. Article 910 para. (3) of the Civil Procedure Code recognize the judicial bailiff's procedural legitimacy to bring the matter before the enforcement court, at the creditor's request, when the debtor does not comply with the enforcement summons, thus highlighting the importance of the involvement of the enforcement body in the enforcement of court decisions and other enforceable titles related to minors. However, the solutions encountered in judicial practice concerning applications for the application of penalties made by the bailiff at the creditor's request have generated an inconsistent practice, leading to different and sometimes contradictory interpretations of the bailiff's active procedural capacity, which will be analyzed in the present article.

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