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Universul Juridic magazin

Theoretical aspects regarding the forced execution on immovable property in the regulation of the new civil procedure Code

The expedience of the recognition of the creditors’ rights represented a concern materialized through the adoption of the new civil procedure Code, attempting to provide a procedure of forced execution accelerated by the need for adjusting the justice to the existing social and economic conditions. Due to its fine amendments noticed in its contents, the new civil procedure Code imposed a more accelerated and efficient procedure of forced execution. The legislative changes promoted some innovative solutions as regards certain important institutions of the procedure brought into question, they imposed absolute changes regarding the subject matter of the procedure, significantly limiting the number of persons entitled to bring an action whose object is represented by the recognition of the creditors’ rights and provided them with an opportunity of appreciating the solution given in relation to the claim brought in the court, instituting, by exception, the capacity to dismiss the claim of execution. The positive evolution of the Romanian law has contributed to the harmonization of the enforcement procedures and, to this end, we proceeded to the reconsideration of certain legal provisions which should result in the drafting of a malleable, simple and accessible procedure. Notwithstanding the criticisms regarding excessive formality, as a result of the new regulation, we can consider that the new civil procedure Code has revolutionised the second stage of the civil proceedings by instituting a procedure adjusted to the conditions that the modern society faces with.