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Universul Juridic magazin

Special competencies of the bailiff, according to the laws of the Republic of Moldova

The civil enforcing laws regulate the enforcement procedure of the enforceable documents. For the purpose of accomplishing this objective, art. 1 of the Code of execution of the Republic of Moldova provides that the enforcement procedure is intended to contribute to the establishment of the creditors’ rights recognized in a document submitted to be enforced, according to law. To this end, the bailiff represents that subject performing the enforcement actions. By way of exception from the main activity, the enforcement, the bailiff is legally vested with certain special competencies, not directly related to the performance of the enforcement actions, such as: the finding of facts and of the state of affairs (art. 25 of the Code of execution of Republic of Moldova); the performance of the measures of ensuring the action and of the measures of providing the evidence disposed by the court of law (art. 27 of the Code of execution of the Republic of Moldova); service of judicial documents and of other documents (art. 28 of the Code of execution of the Republic of Moldova); security (art. 80-82 of the Code of execution of the Republic of Moldova) etc.