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Universul Juridic magazin

O altă interpretare a dispoziţiilor art. 713 alin. (2) C. pr. civ

Traditionally, the appeal against enforcement is dismissed as inadmissible when the enforcement title is not a court judgment or an arbitral award, and reasons as brought up which the party could have opposed under a remedy allowed for termination of the title. As a rule, the review regards the proceedings pursued for enforcement of a penalty, even when a thorough approach could find that the provisions of the Code of Tax Proceedings apply to the detriment of the common law rules. Even in such a case, regardless of the enforcement title consisting in a penalty report or another legal instrument – except for a court judgment or an arbitral award –, the rule supported by the caselaw and court practice seems to be the same, namely application of the procedural sanction of the appeal’s inadmissibility. However, having reviewed the legal provisions contained in art. 713 para. (2) of the Code of Civil Proceedings, as well as some relatively recent caselaw solutions, we use this paper to still highlight some instances when the appeal is dismissed as inadmissible and others when such a settlement of the case can be avoided. Moreover, consistent application of the inadmissibility of the appeal against enforcement, in the given context, removes the doctrinal opinions and the case solutions from the spirit of the law, as long as art. 713 para. (2) of the Code of Civil Proceedings distinguishes between whether the reasons regard or not the law substance. Consequently, without pretending that previous arguments would be erroneous, we believe that the right solution should consider the nuances and the differences that the very lawmaker captures in the rule concerned, for which reason we propose a thorough review which is most definitely different from indiscriminate application of the inadmissibility sanction as regards all the considerations brought up in the appeal against enforcement. was a specific remedy for termination of the enforcement title cannot de plano sanction with inadmissibility the appeal against enforcement in terms of all the reasons produced, but only in respect of those de facto and de jure that regard the law substance, giving this construction to the rule contained in art. 713 para. (2) of the Code of Civil Proceedings.