Executarea silită a obligaţiei de întreţinere - la graniţa dintre legalitate şi echitate

MIRELA ZAHARIA*

* e-mail: mirela.ginghina@yahoo.com

Judecător - Judecătoria Buftea, Secţia civilă

ABSTRACT

Is it possible to approve the enforcement of the maintenance obligation established in the form of the maintenance pension only for the instalments falling due up to the date of the application for enforcement, as well as for those with future maturity? The judicial practice offers solutions in both directions, but which of the two guidelines is in accordance with the principle of the best interest of the child? Can the judge censure the civil procedural provisions that give rise to unfair situations, based on the principle of equity? The present study proposes answers to these questions, as well as solutions for correcting the unfair consequences generated by the application of some legal provisions that ignore the particularities of a claim having as object the legal maintenance obligation. Thus,...