Stabilirea competenței instanței de executare în cazul pluralității de debitori cu domicilii sau sedii diferite
Establishing the jurisdiction of the enforcement court in the case of plurality of debtors with different residences or headquarters

Summary/Abstract: This article deals with the presentation of the possible solutions as regards the establishment of the jurisdiction of the enforcement court in the case of plurality of debtors with different residences or headquarters from the perspective of the new Code of Civil Procedure. After the legal nature of the passive joint litigation, in general, and during the enforcement stage, in particular, are defined, a separation is made between this institution and the likelihood of the existence of the plurality of debtors in the enforcement stage of the civil proceedings. The main solutions outlined in the judicial theory and practice are further examined as regards the establishment of the jurisdiction of the enforcement court in the case of plurality of debtors with different residences or headquarters: by partially granting the application for a declaration of enforceability, by severance of causes and declining jurisdiction in favour of the competent court for some debtors, by implementation by analogy during the enforcement stage, of the provisions of Article 112 para. (1) of the Code of civil procedure and as a consequence fully granting the application for a declaration of enforceability. Conclusions are finally presented in the sense that implementation by analogy during the enforcement stage of the provisions of Article 112 para. (1) of the Code of Civil Procedure shall be fully admissible as well, and as a consequence, the enforcement court which is unique, shall fully grant the applications for a declaration of enforceability with plurality of debtors and shall resolve any conflicts related to enforcement.

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