(In)applicability of the provisions of Article 127 of the Code of civil procedure in determining the competent court to settle the application for a declaration of enforceability Cover Image
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(In)aplicabilitatea dispozițiilor art. 127 din Codul de procedurăcivilă în determinarea instanței competente să soluționeze cererea de încuviințare a executării silite, contestația la executare
(In)applicability of the provisions of Article 127 of the Code of civil procedure in determining the competent court to settle the application for a declaration of enforceability

Author(s): Nicolae-Horia Ţiţ
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: enforcement; enforcement court; optional jurisdiction; non contentious procedure; enforcement appeal;

Summary/Abstract: The article examines the compatibility of the legal provisions regarding the determination of the jurisdiction of the enforcement court with those regarding the optional territorial jurisdiction. Arguments are made in favour of the interpretation that optional jurisdiction is applicable only in litigation. Therefore, in non contentious proceedings, such as the approval of forced execution, the competence will return, in all cases, to the enforcement court, while in the case of enforcement appeals or other incidents or contentious requests, the provisions of art. 127 para. (1) and (2) in the Code of civil procedure become applicable, depending on the procedural position of the subjects mentioned in it.

  • Issue Year: 2020
  • Issue No: 3
  • Page Range: 58-71
  • Page Count: 14
  • Language: Romanian