EXAMINAREA CONTESTAȚIEI LA EXECUTARE: ÎN LIPSA SAU CU PREZENȚA PARTICIPANȚILOR LA PROCES

Abstract

With the entry into force of Law no. 17/2018, art. 269 para. (4) of the CCP has established (I) the general rule according to which the cases related to the enforcement procedure - are examined individually, without summoning the participants to the trial; and (II) the exception from this rule, according to which - in cases where the judge considers the presence of the participants at the trial to be necessary, he / she shall cite them accordingly. Therefore, considering that the involvement of the court in the forced execution procedure takes several forms and roles, such as: the exercise of attributions characteristic to an enforcement body, the resolution of incidents that occurred during the execution procedure or the control of the legality of the acts, the actions and / or inactions of the judicial executor (the complaint on execution), and, that the rule and the exception provided in art. 269 para. (4) CCP has an excessive general character. In this study we set out to analyze the situations in which the court could or should make use of the exception in the cases regarding the examination of the complaint on execution.