ro fr
universul juridic magazin

The resolutions of the court enforcement officer in the new code of civil procedure


Over the course of the last years, the concept of resolution has exceeded the sphere of legal and jurisdictional activity. Therefore, we encounter deeds with similar names within other activities, even non-contencious jurisdiction. This is also the case of the resolutions issued by the public notaries within the notarial activity, registration certificates of a property right in the field of land registration and recently, the resolutions issued by the court enforcement officers, according to the New Code of Civil Procedure.
These resolutions can be included in the sphere of proceedings, but, although they technically include similar structural elements, they have a fundamentally different purpose from our point of view. The resolutions adjudged by the court enforcement officers have as general objective the preparation of the final settlement or even taking decisive measures for the outcome of the case. The resolutions adopted by the public notaries aim to take measures in case of a noncontenciuos procedure. Moreover, the resolutions issued by other authorities establish certain de facto situations provided by law, which can be amended or annulled by the court of law for solid reasons, upon the request of any interestedindividual or considered injured by the issuance of the respective resolution.
The implementation of resolutions in the quite limited “arsenal” of proceedings drafted by the court enforcement officer must be interpreted as a positive initiative.
The weight of these resolutions will be rather significant in the activity of the court enforcement officer. Thus, some questions that might arise in the future not only from a doctrinaire point of view, but also from a practical one, might require the necessity of an appropriate regulation, the significance of these proceedings, but also determining their dissimilarities in comparison with minutes. Nevertheless, the legislator’s reference to resolutions is a first in the field of enforcement.