Jurisdiction in the case of enforcement of a claim hold by the Export-Import Bank of Romania Cover Image
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Competenþa materialã în cazul executãrii silite a unei creanþe având ca titular Banca de Export Import a României
Jurisdiction in the case of enforcement of a claim hold by the Export-Import Bank of Romania

Author(s): Lacrima Rodica Boilă
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: jurisdiction; enforcement; the Export-Import Bank of Romania

Summary/Abstract: Our work aims to bring into prominence a novel jurisprudential solution of Mureº courts, that raised a number of problems during the enforcement procedure ordered by the tax bailiff, in order to comply with the provisions of a writ of execution issued under the tort liability in a criminal case. The manager of a private company was discharged of the tax evasion offence provided for in Article 9 para. 1 point g) of Law no. 241/2005, pursuant to the provisions of Article 10 point d) under the Criminal Procedure Code, but was committed under Articles 998, 999 of the Civil Code to pay the amount of 16,232.72 lei representing the equivalent of the loss incurred by the Bank as a result of valorization of the movable property secured in the loan’s execution. The Courts of First Instance and Appeal checked the lawfulness of acts submitted to the enforcement file from the perspective of applicable procedural rules, jurisdiction and venue of the bailiff, the amount of the debit, of late payment interests and of legal fees. The arguments for judgments passed advocate for the recognition of general jurisdiction of bailiffs in the execution of civil provisions of a final court decision, in relation to the special and derogating tasks assigned to the tax bailiff, the enforcement deeds thereof being null and void in these particular cases.

  • Issue Year: 2011
  • Issue No: 3
  • Page Range: 25-35
  • Page Count: 11
  • Language: Romanian