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Universul Juridic magazin

Considerations regarding the State liability in the performance of the enforcement

This study emphasizes the fact that the State liability for the non-enforcement of enforceable titles shall benefit from an extremely brief regulation. The author intends, from the perspective of some future regulatory interventions, to make clear several issues at the level of Law no. 188/2000 on bailiffs, such as: - clarifying the relationship between the State liability and the liability of the judicial bailiff; - enumerating the situations in which the State liability occurs; - setting up a special rule of material jurisdiction in case of claims for damages as a result of establishing the State liability for the non-enforcement of enforceable titles etc.