Executarea provizorie judecătorească - o măsură provizorie aparte

Asist univ. drd. Dan-Alexandru POPA

Universitatea "Lucian Blaga" din Sibiu

Facultatea de Drept

Keywords: provisional enforcement, judicial provisional enforcement, interim measures, non-definitive enforceable title.

Judicial provisional enforcement - a distinct provisional measure

Abstract

Provisional enforcement, as a general notion, designates those situations in which the decision in the first instance temporarily acquires enforceability. Its two forms, legal and judicial, are usually treated together as a departure from the rule that judgments given in the first instance that are subject to appeal are not enforceable.

The present study aims to carry out an analysis of judicial provisional enforcement from the innovative perspective of the broader category of interim or provisional measures. In its content, the ways in which judicial provisional enforcement positions itself to the traditional characteristics of provisional...