Enforcement of court decisions concerning the recovery of money representing unrealized earnings from work Cover Image
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Executarea hotărârilor judecătorești privind recuperarea unor sume de bani reprezentând câștiguri nerealizate din muncă
Enforcement of court decisions concerning the recovery of money representing unrealized earnings from work

Author(s): Aurelia Gidro
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Court decision; enforceable title; enforcement procedure;

Summary/Abstract: The present study aims to attract the attention and discusses on some judicial practices considered by the authors to be illegal and which have as a consequence the impossibility of enforcing some court decisions. In the case of specific cases, court decisions were issued in which it was decided in favor of some contesting employees, forcing employers to pay the salary and other due money rights, without specifying exactly the amount due, only indicating the time period for which is due to the damages. As these judgments were final and the employers did not understand voluntarily the payments to which they were obliged by the court, the creditors of these amounts were forced to seek the legal support of some bailiffs. The author considers that such judgments are in serious legal trouble, proving themselves unnecessary because they fail to adopt a solution expected by the parties, they do not protect subjective civil rights, they do not restore the order of law and unjustifiably eliminate the coercive character, being practically impossible to enforce.

  • Issue Year: 2020
  • Issue No: 1
  • Page Range: 55-62
  • Page Count: 8
  • Language: Romanian