As in the current regulation, in the acceptance of the new Code of Civil Procedure approved by Law no. 134/2010, published in the Official Gazette of Romania, part I, no. 485 / 15.07.2010, the forced execution is integrated into the civil process, representing its second phase, a procedure through which the creditor, holder of the right recognized by a court decision or by another executory act, constrains, with the competition of the competent state bodies, on its debtor who does not voluntarily execute his obligations deriving from such a title, to carry them out, forcibly.
The right to start the enforcement belongs, therefore, to the creditor, unless otherwise provided by law (art. 654 paragraph 1 of the new Romanian Code of Civil Procedure) which, however, can proceed in this regard only in compliance with certain requirements of procedural order expressly regulated by the legislator.
Under the aspect of the competence of the bailiff, art. 642 of the Romanian Code of Civil Procedure stipulates that, unless otherwise provided by law, the court decisions and other enforceable titles shall be executed by the bailiff from the constituency of the court of appeal, as follows: in case of forced pursuit of real estate, the forced pursuit of the fruits caught by the roots and of the direct real estate forced execution, the bailiff from the circumscription of the court of appeal where the real estate is located. Similar provisions are found in art. 808 para. 1.
When several real estates are pursued, registered at the same office or different cadastral and real estate advertising offices, for a debt secured by a collective mortgage, the application will be addressed to the bailiff in whose territorial area the main mortgage is registered (art. 808 para.3).
For detailed information write to us at [email protected].
