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Universul Juridic magazin

Limitation of forced execution

Once the new civil procedure Code became effective, the civil proceedings, both in the phase of trial and forced execution, were reconfigured, and the new texts arouse immediate interest for the legal world by the legislative establishment of jurisprudential solutions, by enacting new institutions in consistency with the new social reality or just by changing them in order to ensure a fair trial and the resolution of cases within a reasonable time. In this respect, in the matter of forced execution, one of the new solutions proposed by the lawmaker is the limitation of forced execution, an institution which was required to be expressly provided, considering that, not rarely, the bailiff, upon the request of the creditor, started forced execution on several goods belonging to the debtor, goods whose value exceeded excessively the amount of the claim to which the debtor was forced by enforceable title. In this respect, the lawmaker expressly provided for the possibility for the debtor to request the enforcement court to limit forced execution to those goods whose value is sufficient to satisfy the creditor’s claim.