Contestarea refuzului executorului judecătoresc de a îndeplini un act de executare silită în sistemul procesual românesc și în cel al Republicii Moldova. Un sumar examen comparativ
Challenging the bailiff’s refusal of performing an enforcement procedure in the procedure system applicable in Romania and in the Republic of Moldova. A brief comparative examination

Summary/Abstract: This study is aimed at carrying out a comparative examination over the procedural means intended to make possible the challenge of the bailiff’s refusal of preparing certain enforcement documents. The approach is limited to the procedural regulations applicable in Romania and in the Republic of Moldova. Within the arrangement carried out by the author, it has been emphasized the fact that the procedural method of complaint in the Romanian laws shall be regulated in art. 56 of Law no. 188/2000. However, it is only limited to the nonperformance by the bailiff of his duties expressly determined by art. 7 letters b)-i) of Law no. 188/2000. This procedural method cannot be exercised against the enforcement deeds themselves. In this latest assumption, the procedural method that may be used is the appeal against enforcement. In the Republic of Moldova, the appeal is the only procedural means by which the enforcement documents, as well as the refusal of drafting an enforcement document may be challenged. Moreover, the author determines the capacity to sue and to be sued of the participants in the content of the study. From this point of view, some significant differences apply between those two procedural legislations. The similarities between the institutions investigated and regulated in those two legislations are significant and emphasized by the author.

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