Cheltuielile de executare şi cheltuielile de judecată în cadrul procedurii eliberării şi distribuirii sumelor realizate prin urmărirea silită
Enforcement expenses and court expenses within a procedure for release and distribution of the amounts obtained by forced prosecution

Summary/Abstract: This article aims at examining the legal regime of the compulsory enforcement expenses and of their preference order within the project for distribution of the amounts obtained from compulsory enforcement, as regulated by the new Civil Procedure Code. After making necessary delimitation between the procedure of release of the amounts obtained by compulsory enforcement and the procedure of distribution of the amounts obtained by compulsory enforcement, the four hypotheses in which there are several creditors and the amounts obtained by compulsory enforcement have to be distributed are presented. Further, on, the court expenses for precautionary measures, the compulsory enforcement expenses and the expenses for preservation of the goods whose price is distributed and the expenses made upon the fulfilment of the requirements or formalities provided by the law for acquiring the right over the awarded asset and its registration with the publicity record are analysed. After a historical and teleological presentation of the institution of court expenses and expenses for compulsory enforcement, the main issues regarding the privilege of the enforcement expenses representing the fee of the bailiff within the procedure for release of the amount and participation in the distribution of the amount of the enforcement expenses made in other enforcement files according to Article 865 (1) (a) of the Civil Procedure Code keeping the first rank preference order are discussed. In the end, the conclusions are presented, namely that only the receivables representing enforcement expenses or court expenses made in the common interest of the creditors are privileged, first-rank receivables.

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