Considerations with respect to the jurisdiction and the structure of the court invested with the application of suspending the legal enforcement in the new code of civil procedure

• Author: Nicolae Horia Tit
• Position: University, Iasi, Romania
• Pages: 186-191

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2013), pp. 186-191

186

CONSIDERATIONS WITH RESPECT TO THE JURISDICTION AND

THE STRUCTURE OF THE COURT INVESTED WITH THE

APPLICATION OF SUSPENDING THE LEGAL ENFORCEMENT IN

THE NEW CODE OF CIVIL PROCEDURE

N. H. i

Nicolae – Horia i

Faculty of Law

“Alexandru Ioan Cuza” University, Iasi, Romania

*Correspondence: Nicolae – Horia i, “Alexandru Ioan Cuza” University, 11 Boulevard

Carol I, Iai, Romania

E-mail: horia.tit@horiatit.com

Abstract

The new Romanian Code of civil procedure comprises a series of new legislative

solutions with respect to the jurisdiction and the structure of the court invested with the

request of suspending the legal enforcement. More specifically, in the case of provisional

suspension of the execution, which will take effect up to the settlement of the application of

enforcement suspension made in the framework of the opposition to execution, the legal

provisions no longer expressly provide that it shall be settled by the chairman of the court,

but only mentions that the demand shall be settled by the court. This article analyzes the

implications of the new regulations with regard to the matter of jurisdiction and the structure

of the court, in respect of both former and new Code. Nevertheless, we shall analyzed the

general legal rules on the jurisdiction of the court in the settlement of suspension, with

reference to its competence in solving the opposition to enforcement and we shall highlight

the provisions relating to the application in time of the legal provisions contained in the new

Code of civil procedure.

Keywords: suspension of enforcement, provisional suspension, suspension itself (the

fund), jurisdiction, incompatibility

Introduction

The new Romanian Code of civil procedure regulates the institution of suspension of

enforcement on the basis of opposition to execution in Article 718, under the provisions

dedicated to the opposition to enforcement. As in the former Code, the new legal texts state

that the suspension may be ordered by court at the request of the interested person in two

stages: the provisional suspension, which takes effect pending the resolution of the suspension

request itself or of fund and the suspension of fund, which takes effect pending the resolution

of the opposition to enforcement or of any other applications on the execution.

Article 718 Civ. proc. Code provides that the request to suspend the enforcement

pending the resolution of opposition to enforcement shall be settled by the competent court,

without establishing therefore a special rule for this purpose. The formula is the same as the

one of the former Code, the competent court being identified on the basis of the legal

characters of the suspension`s application.