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Universul Juridic magazin

Changes to opposition to enforcement brought by Law no. 138/2014

More than just a remarkable juridical institution in the field of compulsory execution, the contestation to compulsory execution represents an autonomous issue that is characterized by an inner complexity. The aim of our study may be synthesized in the achievement of an analytic endeavour upon the regulations comprised within the section of the Code of civil procedure that is connected to the institution of the contestation to compulsory execution (articles 711- 719 Code of civil procedure, excepting article 712), a peculiar attention being paid to the legislative amendments that were brought to the institution of the contestation to compulsory execution by means of Law no. 138/2014. Because we cannot deny the juridical obviousness, we will maintain the legal framework prescribed by the Code of civil procedure as our analytical benchmark, nevertheless, we will comment upon the new regulations brought by Law no. 138/2014. Although we bear in mind the fact that, the entery into force of Law no. 138/2014 has brought a re-assessment of the regulations that are applied in all civil-procedural realms (thus, including the field of contestation to compulsory execution), we will prove, in the following, that, the legal reform that we previously mentioned, had no negative impact upon the suis generis feature of the contestation to compulsory execution, the defining aspects of this institution being preserved in the form stated by the regulations of the Code of civil procedure. Considering the premise of the necessity of conducting a parallel analysis between the former legal dispositions and the present amendments brought to the specialized legal framework, the methodology we implemented is founded on the comparative method and on the historical method.