III. PRACTICĂ JUDICIARĂ COMENTATĂ Regimul juridic al cheltuielilor de judecată în procedura validării popririi: între caracterul executoriu general și specificul executării silite
III. COMMENTED JUDICIAL PRACTICE The legal regime of judicial costs in garnishment validation proceedings: between general executory force and the specificity of enforcement proceedings

Summary/Abstract: The present judgment concerns the analysis of the executory nature of judicial decisions through the identification of distinctions delineated by the legislator with respect to the general rule in civil procedure, the enforcement phase constituting an exception to the general norms, as well as with respect to the garnishment validation procedure governed by the provisions of Article 792 of the Code of Civil Procedure. The core of the legal question consists in the adjudication of judicial costs and the consequences for their enforcement in relation to the specificity of the procedural stage in which they are claimed. Each phase of civil proceedings has its own distinctive features which confer or withhold executory force to the judgment rendered, this constituting, in effect, the central theme of the present commentary. While in the trial phase executory force is ordinarily predicated upon the final character of the judgment, in the enforcement phase the legislator has instituted a derogatory regime pursuant to the provisions of Article 651(4) of the Code of Civil Procedure, conferring upon the rulings of the enforcement court executory force ipso jure. The legal question pertains to the relationship between this general rule and the special provision set forth in Article 792 of the Code of Civil Procedure concerning garnishment validation.

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