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Universul Juridic magazin

Bailiff’s replacement in the present and future Code of civil procedure

Although the institution of the bailiff’s replacement is not regulated by the present Code of Civil Procedure, we deem it to be incidental in the practical activity, however it is necessary to meet certain requirements for the continuation of the forced execution by another competent bailiff, referring to the submission to the new execution file of the original writ of execution, of the court order disposing the approval of the forced execution, of a certified copy of the documents related to the initial forced execution file, as well as the debtor’s notification about this replacement. The continuation of the forced execution by another bailiff shall not be deemed as a disciplinary offence, as these offences are strictly regulated by article 47 of Law no. 188/2000, as republished, so that they could not be extended, by analogy, to other situations except those expressly set forth by law. The New Code of Civil Procedure eliminated this gap of the present legislator and expressly established the institution of the\r\nbailiff’s replacement, setting forth, even briefly the procedure to follow for this purpose.