Conflict de competenţă. Cerere de validare poprire - competenţă teritorială

Conflict of jurisdiction. Garnishment validation request - territorial jurisdiction

Abstract

According to art. 3 para. (1) of Law no. 76/2012, “the provisions of the Civil Procedure Code only apply to trials and forced execution proceedings initiated after the enforcement hereof", and, according to art. 25 para. (1) of the Civil Procedure Code, “pending trials, as well as forced execution proceedings initiated under the former law shall continue to be subjected to such law".

The joint review of these transitional provisions leads to the conclusion that the forced execution proceedings initiated under the former Civil Procedure Code continue to be subjected to the same, whereas the ones initiated after the enforcement of the New Civil Procedure Code are governed by the new civil procedure provisions.

Rezumat

În conformitate cu art. 3 alin. (1) din Legea nr. 76/2012, "dispoziţiile Codului de procedură civilă se aplică...