Aspecte privind încheierea de stabilire a cheltuielilor pentru lucrările efectuate de creditor pentru îndeplinirea obligației de a face
Aspects regarding the report on the expenses with the works performed by the creditor for fulfilling the obligation to perform

Summary/Abstract: The legal provision enabling the bailiff to determine by conclusion the amount of the necessary expenses for fulfilling the obligation to perform in the event of the debtor's opposition constitutes an indisputable advantage for the creditor as it allows him to determine the amount in question without taking legal action for this sole purpose. As concise as article 903, paragraph (1), 3rd thesis of the Code of Civil Procedure may seem the issue generated around the interpretation and application of this legal text is very complex. Issues such as the justification of the bailiff's territorial jurisdiction in the enforcement procedure, derived from direct enforcement, proper to the obligation to perform, the procedure consisting of pursuing the debtor to obtain the equivalent value of expenses, the (no-)need to obtain, for this purpose, the approval of enforcement or to obtain at least a new enforcement case are of practical interest to the bailiff and implicitly to the creditor, whose prospects for accelerating enforcement depend essentially on the bailiff's view on these issues. But it seems that no other issue is more important and more economical than determining whether the bailiff must issue the conclusion on the basis of payments that have already been made by the creditor from his own funds to carry out the works or such a conclusion may be issued in a much more attractive way for the creditor on the basis of an estimated quotation; the consequence in the latter scenario would be that the works will be done not only at the expense of the debtor but moreover by using his funds from the very beginning, funds that are obtained through an enforcement procedure prior to the beginning of the works.

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