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Universul Juridic magazin

Considerations on the regulations brought by the new code of civil procedure regarding the performance of the activity of forced execution within due and predictable time and based upon advertising

The general objective of this study consists of a topical subject of a real interest for the completion of the legal settlement of the conflicts with celerity in the present circumstances of the economic and social life. By carrying out a thorough examination of the amendments brought by the new Code of Civil Procedure, we identified the dimension and the general principles of the civil proceedings referring to the activity of the enforcement of the court decisions and of other writs of execution, taking into consideration two important principles of the forced execution, respectively the celerity (the due and predictable time) and the principle of advertising, of transparency of this activity and, in the context of the national and European Union regulations. For this purpose, the following objectives will be examined: the concept of the principles related to the forced executio procedure, their enforcement in order to provide the celerity of the settlement of creditors’ claims, which the new Code of Civil Procedure mainly intends to accomplish. The study is useful for the legal practitioners: judges, lawyers, legal advisers, but also for the professors and for the business persons, as well, who wish that the court decisions delivered in their litigations should be enforced as soon as possible, if the debtor does not perform the obligation set forth in the court decision willingly or in another writ of execution.