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Universul Juridic magazin

The possibility to invoke substantive defenses in the enforcement challenge procedure against a writ of enforcement consisting in a demand of payment

This article aims to carry out a detailed analysis of the evolution of legal provisionsregarding the matter of enforcement challenge, exercised against an executorytitle represented by a demand for payment, as established by Ordinance no. 5/2001 in relation to the enforcement challenge exercised against an orderof payment established by the provisions of the New Code of Civil Procedure. Under the new encodings in civil procedural law, the reasons for formulating an objection to enforcement against the execution of payment order circumscribe the common law grounds relied on in an challenge of enforcement, aiming as expected at procedure execution irregularities and possible causes of extinction of the subsequent obligation to pay the final order . In this way, actually it is impossibele to invoke substantive defenses in the enforcement challenge filed in this matter, as was possible in the context of Ordinance no. 5/2001, being removed any consequences of any infringement of the power of res judicata of a judgment, and especially the possibility that a lower court could set aside a judgment issued by a higher court.