Interferenţe între anumite competenţe speciale ale executorului judecătoresc şi activităţile altor profesii juridice
Interferences between certain special powers of the bailiff and the activities of other legal professions

Summary/Abstract: The issue of a supposed or even overlapping of competencies regarding certain particular activities of the bailiff in relation to the activity of other legal professions gives us the opportunity to make an incursion in the specificity of the bailiff's powers derived from or closely related to the enforcement procedure or totally distinct from such an approach, the limits of the competencies of each profession will be established and mechanisms for sanctioning possible excesses will be identified. A first activity of the bailiff with the potential to overlap with the specific activity of the lawyer is to provide legal advice, an activity requiring certain clarifications, viewed from two perspectives: legality and opportunity. Another activity involving a possible overlapping of competencies between different professions is mediation of conflicts. Regarding the activity of legalizing court decisions, it is within the exclusive competence of the courts, no other lawyer having the legal capacity to perform such an assignment. Lastly, with regard to the date-giving assignment, the existence of the possibility of simultaneous exercise of it by the bailiff, as well as by the public notary and the lawyer, can not be invoked by any of those lawyers to the detriment of others.

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