Probleme practice privind executarea silită a obligaţiilor de a face şi a nu face
Practical issues regarding the enforcement of the contractual obligations to provide services and not to provide services

Summary/Abstract: The enforcement of the obligations to provide services/not to provide services resulted in numerous discrepancies related to doctrine and case-law during the applicability period of the former Code of civil procedure and it also continues during the applicability period of the new Code of civil procedure. Although the legislator tried to remove these controversies under the provisions of the new code, this action has only partially managed this, as there are still issues to which no legislative solution has been found. Moreover, new procedures have been regulated, which, due to their excessive formalism, determine the delay of the enforcement of those obligations, the overcharge of the role of the enforcement courts and the hampering regarding the action of giving effect to the writs of execution. Certain solutions proposed in this study are likely to be used de lege ferenda in a future amendment of the Code of civil procedure.

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