SOME CONSIDERATIONS REGARDING THE NOTION OF ENFORCEMENT ORDER

The issue of enforcement orders is particularly important for the field of regulations applicable to the execution. Enforcement order are the fundament of enforcement proceedings, aimed at fulfilling the obligation contained in the title. With reference to the current regulation of enforcement order...

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Main Author: Nicolae-Horia ȚIȚ
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2015-07-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2015_articles/index.php?dir=02_privat_law%2F&download=CKS+2015_privat_law_art.046.pdf
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author Nicolae-Horia ȚIȚ
author_facet Nicolae-Horia ȚIȚ
author_sort Nicolae-Horia ȚIȚ
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description The issue of enforcement orders is particularly important for the field of regulations applicable to the execution. Enforcement order are the fundament of enforcement proceedings, aimed at fulfilling the obligation contained in the title. With reference to the current regulation of enforcement orders, we must distinguish between formal titles, that require a verification of their enforceability prior to the onset of the enforcement proceedings, and substantial titles, which are enforceable by law at the end of the procedure of which they emanate. With reference to this distinction, the article analyses the characteristics of enforcement orders, making a number of clarifications and remarks about the procedure for declaration of enforceability, recently reintroduced into the Civil Procedure Code by Law no. 138/2014.
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spelling doaj.art-f50fe32839d843199c2cbb9d4f276f2a2022-12-22T03:51:34ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962015-07-0151316321SOME CONSIDERATIONS REGARDING THE NOTION OF ENFORCEMENT ORDERNicolae-Horia ȚIȚ0Senior Assistant, Ph D, Faculty of Law, Private Law Department, “Alexandru Ioan Cuza” University of Iași (e-mail: horia.tit@gmail.com).The issue of enforcement orders is particularly important for the field of regulations applicable to the execution. Enforcement order are the fundament of enforcement proceedings, aimed at fulfilling the obligation contained in the title. With reference to the current regulation of enforcement orders, we must distinguish between formal titles, that require a verification of their enforceability prior to the onset of the enforcement proceedings, and substantial titles, which are enforceable by law at the end of the procedure of which they emanate. With reference to this distinction, the article analyses the characteristics of enforcement orders, making a number of clarifications and remarks about the procedure for declaration of enforceability, recently reintroduced into the Civil Procedure Code by Law no. 138/2014.http://cks.univnt.ro/uploads/cks_2015_articles/index.php?dir=02_privat_law%2F&download=CKS+2015_privat_law_art.046.pdfenforcementenforcement orderEuropean enforcement orderdeclaration of enforceabilityjudgement.
spellingShingle Nicolae-Horia ȚIȚ
SOME CONSIDERATIONS REGARDING THE NOTION OF ENFORCEMENT ORDER
Challenges of the Knowledge Society
enforcement
enforcement order
European enforcement order
declaration of enforceability
judgement.
title SOME CONSIDERATIONS REGARDING THE NOTION OF ENFORCEMENT ORDER
title_full SOME CONSIDERATIONS REGARDING THE NOTION OF ENFORCEMENT ORDER
title_fullStr SOME CONSIDERATIONS REGARDING THE NOTION OF ENFORCEMENT ORDER
title_full_unstemmed SOME CONSIDERATIONS REGARDING THE NOTION OF ENFORCEMENT ORDER
title_short SOME CONSIDERATIONS REGARDING THE NOTION OF ENFORCEMENT ORDER
title_sort some considerations regarding the notion of enforcement order
topic enforcement
enforcement order
European enforcement order
declaration of enforceability
judgement.
url http://cks.univnt.ro/uploads/cks_2015_articles/index.php?dir=02_privat_law%2F&download=CKS+2015_privat_law_art.046.pdf
work_keys_str_mv AT nicolaehoriatit someconsiderationsregardingthenotionofenforcementorder