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Universul Juridic magazin

Asemanarile si deosebirile dintre incheierile si procesele-verbale emise de executorul judecatoresc

According to the new Code of civil procedure, the main acts of the bailiff are theorders and the reports.The legislator does not set forth the similarities and the differences between the orders and the reports issued by the bailiff, however, these may be deducted from the corroborated interpretation of the law texts regulating the forced execution. As regards the similarities, these are the following: both the orders and the reports are enforcement proceedings; both documents are issued by the bailiff in the performance of his tasks and duties related to the enforcement of the enforceable titles; they be contested in principle, by means of appeal against enforcement. As regards the differences, the most important of these lies in the fact that the orders are, in principle, acts of disposal, while the reports are reports of findings. Under the orders, the bailiff disposes in relation to any important issues of the forced execution (the forced execution approval, suspension, adjournment and suspension of forced execution, allotment of the amounts obtained from the forced execution procedure etc.), while regarding the other issues which have not a very high significance during this stage of the civil proceedings, the bailiff records them in a report. Another difference identified between these two documents concluded by the bailiff concerns the content and the form which they comprise. According to art. 656 of the Code of Civil Procedure, the order issued by the bailiff has to contain three parts: the introductory part, the considerations and the operative part, while the report, according to art. 678 of the Code of Civil Procedure, does not contain these parts. The last difference between the two documents issued by the bailiff lies in the manner in which they are contested. Thus, the order may be contested by filing a challenge on enforcement within 15 days from its communication, and certain orders can be contested by no means, since they are final, while the report may be contested only by filing a challenge on enforcement, within 15 days from the date on which the contesting party took note of the document to be contested.