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Universul Juridic magazin

Importance of the grounds of the judgments in the enforcement procedure

The compliance of enforcement is examined not only by referring to the operative part of the judgment, but also in relation to the grounds which support, clarify and explain the solution contained in its operative part. By virtue of force of res judicata and of the enforceability which have to be recognized for the grounds of the enforceable judgment, the effective enforcement measures have to be adapted and circumscribed to the whole set of aspects of fact and of law arising from the grounds which thus, acquire essential significances in the enforcement procedure. Likewise, revealing the extended functions of those grounds in their relation with the operative part of the judgment, as well as the correct exploitation of the issues of fact and of law, which make up the grounds, may lead to the proper identification and classification of the receivable, which the creditor is entitled to in the enforcement stage.