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Universul Juridic magazin

Incheierile executorului judecãtoresc conform noului cod de procedurã civilã

According to the new Code of Civil Procedure, the primary deed concluded by the court enforcement officer is the resolution. The resolutions issued by the court enforcement officer are not court resolutions, with the meaning set forth at art. 418 par. 4, nor preparatory or interlocutor resolutions as provided by art. 230, but proceedings elaborated regarding performance of their responsibilities and obligations in connection to the enforcement of writs of executions, however, significant differences existing between these and the minutes concluded by the enforcement body. According to art. 647 par. 1 deferment, suspension or cessation of enforcement, release or allocation of the amounts derived from enforcement, as well as any measures specifically provided by law, are ruled by the court enforcement officer under resolution. This legal text represents just a demonstrative enumeration of the situations whereby the court enforcement officer renders a resolution, since there are various other situations where the court enforcement officer, in virtue of performance of his responsibilities, is obliged to issue resolutions.