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Universul Juridic magazin

Certain theoretical and practical aspects of the enforcement obsolescence

It is widely recognized that the civil proceedings involve two stages, the trial stage and the enforcement stage, as the legislator is permanently concerned with the performance of the enforcement actions within the established deadlines during the enforcement procedure. Moreover, the legislator wanted that, besides the trial stage, the enforcement stage should not be recorded at all, and to this end, he set forth deadlines until which the (enforcement) procedural documents may be carried out, and the exceeding of such maximum deadlines between two procedural documents shall lead to a presumption of withdrawal of the party from the application for enforcement. The validity of the procedural documents shall be subject to an essential condition, according to which two successive procedural documents must be performed within a deadline not exceeding 6 months, otherwise the sanction applicable for the non-compliance with such mandatory legal deadlines shall consist of the enforcement obsolescence.