III. JURISPRUDENŢĂ COMENTATĂ ŞI ADNOTATĂ 1. Este posibilă invocarea din oficiu de către instanţa de apel a nulităţii absolute a actelor de executare silită efectuate în cadrul contestaţiei la executare?
III. COMMENTED AND ANNOTATED CASE-LAW 1. Is it possible for the court of appeal to raise of its own motion the absolute nullity of enforcement acts carried out in the context of an enforcement challenge?

Summary/Abstract: The issue arising in the case set out below is whether the court of appeal may at any time during the proceedings, of its own motion, raise the absolute nullity of the enforcement acts carried out, even if these grounds were not relied on by the challenger in the statement of reasons for the enforcement challenge. The court of appeal chose to raise of its own motion new grounds of enforcement challenge capable of leading to the absolute nullity of all enforcement acts carried out in the enforcement file, on the ground that the court is not bound by the time limit for bringing the enforcement challenge and may therefore, of its own motion, at any time during the proceedings, including on appeal, raise the absolute nullity of the enforcement acts. However, in our view, the court of appeal is not allowed, whether on the basis of respect for the principle of fairness, or of the search for the truth in the case, or in the exercise of its active role, to alter on appeal the cause of the enforcement challenge by raising of its own motion new grounds of challenge which the challenger himself omitted to invoke.

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