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Universul Juridic magazin

Reflections on the amendments of territorial jurisdiction of a court enforcement officer for establishing a garnishment

The previous form of the Civil Procedure Code set the territorial jurisdiction for the establishment of garnishment in the duties of a court enforcement officer whose bureau was in the territorial jurisdiction of the district court of appeal where the debtor or a third party had residence. Whereas the circumstances at the time of the delivery of Decision no. 895/2015 of the Constitutional Court required the promotion of some legislative solutions on competence and procedure of declaration of enforcement, the Romanian Government adopted the Emergency Ordinance no. 1/2016. In this regard PL-x no. 128/2016 was drafted for approving the Government Emergency Ordinance no. 1/2016 concerning the amendment of the Law no. 134/2010 on the Civil Procedure Code and certain related acts, a project that was promulgated by Decree dated 17th of March 2017 no. 304/2017. Among the amendments in the provisions of Book V of the Civil Procedure Code, we identified in Law no. 17/2017 a limitation of the territorial jurisdiction of the court enforcement officer for the establishment of garnishment in the territorial jurisdiction of the district court of appeal where the debtor has residence. The direct purpose of the analysis is to identify the causes that led to the change of the territorial jurisdiction of a court enforcement officer for establishing a garnishment and asess their implications by relating them to a specific case study (credit agreements for consumers).