Creanţele unei executări silite corespunzătoare (I)
Author(s): Vasile Bozeşan
Requirements of an adequate enforcement (I)
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: enforcement; conformity; effectiveness; integrality; celerity.
Summary/Abstract: The enforcement has to meet not only the procedural requirements imposed in order to ensure the legality and the fairness of this stage of the civil proceedings, but also certain requirements, which, in the light of the purpose of the enforcement, namely the performance of the creditor’s claim, shall define its adequate nature. To this last end, the quality of the enforcement shall be appreciated in a matrix set up by the requirements of conformity, of effectiveness, integrality and celerity, whose examination results in establishing the manner in which the aimed goal was achieved in favor of the creditor. Thus, the correlation between the obligation set forth in the title and the performed obligation, the effective access of the creditor to the benefit obtained in a forced way, its extent, as well as the moment when the creditor sees its claim paid represent aspects involving a careful analysis in order to justify the holding of the adequate nature of an enforcement. The conformity, the effectiveness, the integrality and the celerity are requirements, which define, from all points of view, the “quality” of the result aimed at by the creditor when referring to the enforcement. However, the endeavor of assessing this goal by referring to the abovementioned requirements requires the accurate understanding of the contexts in which these requirements may be examined, the indication of the differences and of the relationship between them, supplemented by revealing the items which may nurture their interdependence, the identification of the impediments which may affect their performance and of the circumstances which may justify their limitation or even their removal.
- Issue Year: 2015
- Issue No: 1
- Page Range: 93-117
- Page Count: 25