Cerințele unei executări silite corespunzătoare (II)
Requirements of an adequate enforcement (II)

Summary/Abstract: Alongside with the requirements of compliance and effectiveness, the challenges regarding integrality and celerity set up the paradigm of the respective conditions by reference to which the adequate character of an enforcement shall be appreciated.The relationship between the amount or the extent of the effectively enforced benefit and those set forth in the enforceable title, as well as the time when the creditor finally sees its claim satisfied represent issues requiring a careful examination in order to justify the reason of holding the adequacy of a full and prompt enforcement.However, integrality and celerity, similarly to other requirements, have to be examined by taking into consideration the necessary distinctions between the plan of the enforcement requirements and the plan of those strictly procedural issues, by disclosing the mechanisms under which the way of performing the actions and enforcement measures shall influence and determine the quality of enforcement itself, considered from the perspective of its purpose consisting in the concrete satisfaction of the creditor’s claim.The European Court pays particular attention to all those four requirements of enforcement, constantly reiterating the need for enforcement of the enforceable titles in an accurate, effective, complete way and with celerity.

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