The legal nature of the challenge on enforcement Cover Image

Natura juridicã a contestației la executare
The legal nature of the challenge on enforcement

Author(s): Cătălin Lungănașu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: challange on enforcement; legal nature; civil action; appeal;

Summary/Abstract: The legal nature of the challenge on enforcement accompanied the debates on this legal institution, troughout its historical evolution to date. Either seen as an appeal or a special civil action or a common law right, the correct determination of the challenge on enforcement shows the theoretical and practical significance required to establish the applicable rules and compatibility with other procedural means. We however mention that, in the current regulation of the challenge on enforcement and against the structure conferred by the provisions of the Civil procedure code, the legal nature of the challenge on enforcement calls into question considerably fewer problems than in the situations governed by the former Civil procedure code.

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 163-181
  • Page Count: 21
  • Language: Romanian