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Universul Juridic magazin

Legal nature of the expert assessment performed in enforcement proceedings

In the enforcement proceedings, expert assessment is subsidiary in nature, and can only be ordered further to the request of the interested parties, or when the enforcement officer of the court cannot proceed themselves to valuation, or when the compensations due by the debtor or the amount of the works required to reinstate the situation before the failure of the duty not to do cannot be determined relaying on other supporting documents. The enforcement officer of the court is not a body with judicial power and, therefore, cannot order performance of a court technical expert assessment, as the expert assessment in the enforcement proceedings has the legal nature of an off-court expert assessment. Expert assessment in the enforcement proceedings, regardless of its nature, can be performed also by an off-court expert, subject to no obligation whatsoever to have such carried out exclusively by a court technical expert. Nevertheless, the expert assessment in the enforcement proceedings cannot be performed by any person that graduated higher education in the specialization of the ordered assessment, but only by the persons that acquired the capacity of expert or specialist, subject to the conditions laid down under the Government Ordinance no. 2/2000. In this stage of the civil proceedings, a new expert assessment is not admissible, but the parties can agree upon a different value. Similarly, the court officer of the court can ask for explanations from the expert when there are contradictions in the expert report or additional clarifications are needed.