II. DOCTRINĂ Conduita procedurală a executorului judecătoresc ulterior admiterii contestației la poprire și anulării actelor de executare ori a executării silite înseși
II. DOCTRINE The procedural conduct of the bailiff following the admission of the appeal against attachment and the annulment of the enforcement acts or of the enforcement itself

Summary/Abstract: From the combined interpretation of art. 720 para. (4)-(5), art. 794 para. (1) and art. 703 para. (1) points 4 and 5 of the Civil procedure code, it follows that – when the third party garnishee was not a party to the proceedings challenging the garnishment – the bailiff has the power to issue a notice of termination of the attachment to the third party, as a formal and technical act, but necessary for the effective enforcement of the court decision admitting the challenge to the enforcement and for the orderly termination of the effects of the attachment. This order does not create a new right or additional discretion for the bailiff, but procedurally transcribes the court's decision, ensuring both the practical effectiveness and procedural consistency of the termination of the attachment, and cannot give rise to disciplinary, civil or criminal liability on the part of the bailiff. As a related issue, after the appeal against enforcement and the annulment of enforcement or certain enforcement acts have been admitted in the first instance, the bailiff, bound by the binding nature of the decision, shall order, as appropriate, the termination of enforcement or its continuation with the redrafting, under conditions of legality, of the necessary acts, their validity being subject to a resolutory condition. And, in the event of the subsequent fulfillment of the condition subsequent – by the admission of the appeal – the acts performed between the pronouncement of the first instance decision and its becoming final shall be found to be invalid, the services rendered shall be subject to restitution, and the enforcement shall be resumed from the stage prior to the annulment.

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