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Universul Juridic magazin

The principle of rights of the defense within the enforcement procedure

The lawsuit goes commonly but not necessary – through two major phases, namely, the trial stage itself (cognitio), and the phase of enforcement of the judgment (executio) in which the final judgment is accomplished by the enforcement bodies under the order and the control of the court. Even though the Civil Procedural Code expressly covered only some of the fundamental principles governing the enforcement (the principle of legality, the principle of the active role of the bailiff, principle of the willingly performance of the obligation established by an enforceable title, principle of ensuring the confidentiality of the information received), applying other principles in the enforcement stage is inferred from the interpretation of legal provisions governing the institution, as well as the general rules of civil procedure. The right to defense principle during the foreclosure and some gaps in the New Code of Civil Procedure and the resulting breach of that principle represent the subject of this study.