Means of appeal against court orders given in the procedure of challenge against enforcement Cover Image
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Căile de atac împotriva hotărârii pronunţate în procedura contestaţiei la executare
Means of appeal against court orders given in the procedure of challenge against enforcement

Author(s): Cătălin Lungănaşu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: challenge against enforcement; means of appeal; extraordinary means of appeal; competent court;

Summary/Abstract: The procedural law regarding the appeals which may be filed against a judgement by which a court resolved a challenge against enforcement includes both a general rule and special, derogatory hypotheses. Even if Article 718 (1) of the Civil Procedure Code establishes, as a principle, the unique nature of the means of appeal regulated in case of a challenge against enforcement, the marginal title of the article dedicated to this matter correctly uses the plural form taking into account that, on the one hand, there are regulations of special cases in which the system of the means of appeal may deviate from the general rule in the case of a challenge against enforcement and, on the her hand, the extraordinary means of appeal are not excluded de plano. In this situation, we also consider that it is useful to designate this section using the plural form, and we shall firstly examine the general rule and then the derogations from such, as well as the competent judicial control court and the admissibility of the means of appeal for withdrawal.

  • Issue Year: 2019
  • Issue No: 2
  • Page Range: 22-34
  • Page Count: 13
  • Language: Romanian