Limitation of the right to require enforcement under the rule of the new civil procedure code of an enforcement order obtained before its entry into force

• Author: Carmen Adriana Domocos
• Position: University of Oradea Faculty of Law
• Pages: 13-27

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

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

No. 2 (2017), pp. 27-41

13

LIMITATION OF THE RIGHT TO REQUIRE ENFORCEMENT UNDER THE

RULE OF THE NEW CIVIL PROCEDURE CODE OF AN ENFORCEMENT ORDER

OBTAINED BEFORE ITS ENTRY INTO FORCE

C.-A. Domocoş

Carmen Adriana DOMOCOȘ,

University of Oradea

Faculty of Law,

*Correspondence: Carmen Adriana Domocos, University of Oradea, Faculty of Law, 26

General Magheru, Bihor, Romania

E-mail: carmendomocos@gmail.com

ABSTRACT

In a case, the court of appeal have interpreted the provisions of the law regarding the

enforceable judgments delivered at first instance, with the right of appeal, or those in respect

of which the parties agreed to directly exercise the appeal, when those interested or harmed

by the enforcement can require the cancellation of the enforcement documents drawn up by

violation of the legal provisions. The jurisprudence is not unanimous to consider the

enforceability of the final civil decision is, however, a temporary one, until it is confirmed by

the court of appeal, and it is removed when the court of appeal gives a contrary approach.

One of the roles of the limitation is to provide the security of legal relationships, because

after the expiry of the limitation period the debtor is satisfied that it can no longer be

enforced, and the creditor knows that he no longer benefits from the coercive force of the

state in order to recover his debt. On the other hand, to oblige the creditor to enforce a

temporarily enforceable decision, about which he has no certainty that it will be upheld on

appeal, means violating the very principle of the security of legal relationships, which the

legislator intended to protect.

KEYWORDS: limitation the period, enforcement of the judgment, appeal, claim

INTRODUCTION.

The role of the jurisprudence is very important in the interpretation of those provisions of the

law which are not clear enough. There is still a dispute regarding the enforceable judgments

delivered at first instance, without right of appeal, or those in respect of which the parties

agreed to directly exercise the appeal, when those interested or harmed by the enforcement

can require the cancellation of the enforcement documents drawn up by violation of the legal

provisions, if they can invoke substantive defenses against the enforcement order which is not

issued by a law court or if they can invoke exceptions in this framework.

CHAPTER I.

By civil decision no. 11107/2015 of Oradea Law Court, it was partially upheld the appeal

against enforcement filed by the appellant against the appellee SC E SA, and consequently it

was partially annulled the conclusion for determining the costs of enforcement no. 1 as at

22.09.2015 within the enforcement file no. 608/2015 of B.E.J. Gîrdan Marius Florin, in that it

has been ordered the reduction of the costs of enforcement as follows: service of procedural

documents from 496 lei to 24.8 lei, consultations relating to the making up of the enforcement