Dreptul părţii de a declanşa executarea silită

IOANA-ANAMARIA FILOTE-IOVU*

* e-mail: ioana_filote1@yahoo.com

Judecător

ABSTRACT

In this study, the author intends to emphasize a number of rights by which the procedural availability is manifested in the phase of enforcement, whose purpose is to carry out the provisions contained in the enforceable titles.

The initiation of the second phase of the civil trial, by notifying the court executor, as well as the moment of registration of the application for enforcement are of special importance.

The principle of availability is also manifested by the abandonment of the enforcement procedure, the waiver of the claimed right, as well as by the possibility of the parties to find, by mutual agreement, convenient ways of exercising rights and of executing obligations, by concluding a mediation agreement.

Keywords:

enforcement; principle of availability; initiation of enforcement; abandonment of enforcement; waiver of right.

1. Consideraţii generale privind...