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Universul Juridic magazin

The suspension of enforcement procedure in the terms of art. 718 from the civil procedure Code

The suspension of the enforcement procedure represents a procedural incident which consists of temporary cessation of enforcement and it is aimed at protecting the debtor’s interests in relation to possible irregularities as regarding the performance of the procedure, by temporary ceasing the performance of any enforcement deeds. As this is an exceptional measure, the suspension of the enforcement procedure is expressly indicated by the provisions of art. 718 of the civil procedure Code, which brings under regulation the conditions for claiming\r\nsuch, the procedure for settling this type of claim, the court of competent jurisdiction, as well as the effects of such a measure.\r\nThe measure regarding the suspension of the enforcement procedure may be ordered by the court of law only upon the request of the interested party, based on solid grounds which must be evidenced by the applicant and further to paying certain surety bond (the amount of which is established by the lawmaker,\r\nbut which can be adjusted by the court of law, upon the justified request of the pursued debtor). Nevertheless, in certain limitative cases, the lawmaker established that the suspension of the enforcement procedure is mandatory,\r\nwithout leaving this measure to the assessment of the magistrate.\r\nTaking into account the emergency characterizing the claim for suspension of the enforcement procedure, as well as the fact that, in practice, such a claim might be settled within a longer interval as of its submission with the court of law, upon the request of the interested party, the court may order the temporary suspension of the enforcement procedure until the settlement of the claim for suspension.