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Universul Juridic magazin

Competence for execution in the new Code of civil procedure

This study is dedicated to an analysis in principle of the bailiff’s material and territorial competence. The author notices the most important innovations brought by the New Code of Civil Procedure in the matter of the bailiff’s competence. He deems the procedural provisions which proclaim the principle of plenitude of the bailiff’s competence as being extremely positive, and this circumstance may lead to a qualitative improvement of the act of forced execution. Moreover, the author notices the extension of the territorial competence of the bailiffs within a court of appeal. However, it is noticed that such a regulation involving a wide transfer of competence from the jurisdiction of a court of first instance to the court of appeal may arise also certain practical difficulties. A critical analysis is carried out by the author also in relation to the institution of the bailiff’s rejection, which is called incompatibility in the common law. However, it is noticed that the grounds for the rejection and for the incompatibility are the same. The author refers to the new procedural institution of the bailiff’s replacement, which regulation is under debate from the point of view of its practical utility.