CONSIDERAȚII ASUPRA CARACTERULUI DE TITLU EXECUTORIU AL CONTRACTULUI DE ASISTENȚĂ JURIDICĂ ȘI FORMALITĂȚILE NECESARE ÎN VEDEREA PUNERII ÎN EXECUTARE
CONSIDERATIONS ON THE NATURE OF ENFORCEMENT ORDER OF THE LEGAL ASSISTANCE AGREEMENT AND THE NECESSARY FORMALITIES FOR ITS ENFORCEMENT

Summary/Abstract: Enforcement is one of the forms of civil action expression and an important stage of the civil trial (if we take into consideration the fact that, during this stage, an acknowledgment in fact of the claim invoked by the claimant and “acknowledged” by the court is obtained). The main enforcement order that is usually enforced is the court judgment that remained final or obtained an irrevocable nature, following performance of the procedure of making it enforceable. In addition to this “common law enforcement order”, the law also acknowledges the nature of enforcement order of a series of documents. In this respect, we remind the legal assistance agreement, lawfully concluded, in compliance with art. 30, paragraph 3 of Law no. 51/1995. Considering the fact that, usually, before starting the enforcement, several formal and preliminary stages must be gone through (obtaining the enforcement order, making it enforceable), we considered useful to perform a review of the legal assistance agreement in these respects. This review is important, of course, in the hypothesis that the enforcement of such legal assistance agreements is necessary, especially in the context in which art. 30, paragraph 3 of Law. 51/1995 was amended by Law no. 255/2004 (an amendment that also generated a problem of the enforcement in time of the legal standard).

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