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Universul Juridic magazin

Rules regarding the carry out by the judicial bailiff of the enforcement acts under the new code of civil procedure

The binding nature of enforcement measures and the fact that they can sometimes create duties for third parties require that the enforcement phase be governed by several principles and rules whose observance is ensured by the judicial bailiff, organ with unlimited jurisdiction under new Code of Civil Procedure in the fulfillment of any enforceable titles, except those specified in art. 614.
In performing its functions and duties related to enforcement of writs of execution, the bailiff shall draw conclusions, minutes and other proceedings in the form and terms prescribed by law.
The new Code of Civil Procedure provides that, before proceeding to enforcing the debtor’s property, the bailiff is required to notify the debtor about the triggered execution. This notice is
called a summons.
One of the requirements prescribed by law for the beginning of the procedure concerns the enforcement of the outstanding debt, ie its current character, the period stipulated for payment being fulfilled.
In the cases provided by law and when necessary the bailiff, the police, gendarmerie and other agents of public employment, as appropriate, are required to support timely and effective performance of all acts of enforcement, compliance with this obligation without any condition such as payment of money or any other counterconscription.
Enforcement is carried out, where appropriate, at the place where the debtor earns its income or where there are to be found other revenues or its assets subject to prosecution, unless the law
provides otherwise. No act of execution can be carried out before 6:00 am or after 20:00 hrs.