Application for the suspension of enforcement of judgment contested by action for annulment/declaratory of full annullment or opposition Cover Image
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Cererea de suspendare a executării hotărârii atacate cu acţiune în anulare/constatare
Application for the suspension of enforcement of judgment contested by action for annulment/declaratory of full annullment or opposition

Author(s): Mădălina Lungănoiu
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: suspension of enforcement of judgment; action for annulment; presiding judge's order; full annullment

Summary/Abstract: According to the law, instituting the action for annulment does not suspend enforcement of the judgment under appeal, the suspension of the ruling beeing sentenced by a presiding judge's order. The analysis of this text retained the formal conditions and background for the admissibility of such a request. Following an analysis of judicial practice, it was observed that differing views both in the sense that the request for suspension may be made only with the filing of the action for annulment, as derived from a literal interpretation of the text, but also views that sustaining the both applications could be made successively.

  • Issue Year: 2013
  • Issue No: 01
  • Page Range: 15-20
  • Page Count: 6
  • Language: Romanian