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Universul Juridic magazin

Inherent difficulties in the procedure of judicial execution on movable assets set forth by art. 740 paragraph (4) NCCP – ordering the seizure of a vehicle based upon the date obtained from the Public Community Service for Driving License and Vehicle Registration

This current analysis refers to the legal matter provided by art. 740 par. (4) NCCP, specifically to the seizure of vehicles based on data obtained from the Public Community Service for Driving Licenses and Vehicle Registration, concerning movable objects identified as the debtor’s property, focusing on the issues prior the enforcement, the procedure establishing this action, the consequences and incidents occurring within it. Therefore we emphasiyed specifically issues with a thorough research, thus identifying difficulties in tracking vehicles and solutions to avoid or eliminate them. Thus, difficulties identified at the moment of enforcment and the inherent ones recognized soon after the enforcement act was acquainted to the parties and interested persons, were enunciated and deepened. In addition, to contour and highlight the parts of a holding act concluded by the court enforcement civil officer, in consonance with the theme of this study, we drafted a form that could be used by the practitioners. The awareness of the main shortcomings of the special procedures could draw the attention of the legislator on their dramatic consequences, as the legal provisions analyzed are failing to ensure clarity and predictability of the procedures.