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Universul Juridic magazin

The meaning of the collocation ”other applications on enforcement” used in art. 719 first paragr. of the Civil Procedure Code

The suspension of the enforcement is an important institution of executional law, with a high recurrence in practice. The article analyses the situations when the enforcement may be ordered, other than those concerning the suspension of enforcement pending the resolution of the contestation to enforcement. In the spotlight is the collocation used by the legislator in Art. 719 first paragr. of the Civil Procedure Cod, that of ”another application on enforcement”, in regard to which is prescribed the possibility of suspending the enforcement. There are several situations, namely the suspension of enforcement until resolving the appeal, the suspension until settling the fund action which aims to cancel the non-judicial enforcement order, the suspension pending the resolution of various incidents relating to enforcement – the intervention of a creditor in the enforcement which had been started at the request of another creditor, challenging the enforcement officer, the restrain of the enforcement and the suspension pending the resolution of the request for commencing the insolvency proceedings. The jurisprudence of the High Court of Cassation and Justice is taken into consideration in evaluating the common law nature of the suspension prescribed by art. 719 Civil Procedure Code, as well as the doctrinal solutions related to its applicability.