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Universul Juridic magazin

Return on execution

The return on execution is a procedural institution regulating the main manner of defence of the person who irrevocably won the case, as a result of quashing the judgment which was already enforced. According to the laws applicable in the Republic of Moldova, the return on execution may occur in three ways: »» If the hierarchically higher court which irrevocably quashed the enforced judgment orders the return on execution ex officio, under a decision ruled by it; »» If the defendant requests the return on execution in an injunction procedure; »» If the defendant requests the return on execution in the course of the general procedure of civil actions. In order for the return on executAion to actually take place, several procedural requirements have to be met: regarding the period in which the return on execution may be requested, the form and content requirements of the application for return on execution, the scope and restrictions of the return on execution.