The relationship between the administrative constraint and the forced execution– comparative analysis Cover Image
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The relationship between the administrative constraint and the forced execution– comparative analysis
The relationship between the administrative constraint and the forced execution– comparative analysis

Author(s): Iulian Nedelcu, Paul-Iulian Nedelcu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: C.H. Beck Publishing House - Romania
Keywords: administrative constraint; coercion force; forced execution; public authorities;

Summary/Abstract: In the doctrine it was considered that between the administrative constraint and the forced execution there is a whole-to-part relationship, giving another meaning to the notion of forced execution than the one in the Civil Procedure Code, namely the meaning of acts of forced execution, for the execution of any legal acts. Similarly, Romulus Ionescu considered forced execution as a form of administrative constraint that includes the acts of execution committed by the state administration bodies through the use of the state coercion force without applying a punishment for that purpose. In the same vein, it is stated that, however varied are the forced execution measures, they have a common feature – they imply the application of the coercive force of the state, regardless of the individual will of the obliged person.

  • Issue Year: 2018
  • Issue No: 13
  • Page Range: 142-147
  • Page Count: 6
  • Language: English