Posibila neconstituționalitate a art. 713 alin. (2) C. proc. civ. // Possible unconstitutionality of art. 713 paragraph 2 Code of Civil Procedure

Abstract

The present study brings into discussion a possible problem of unconstitutionality of the provisions of art. 713 para. 2 C. proc. civ. whereas, in certain particular cases, a divergence can be identified between the restrictive conditions for exercising the objection to enforcement and the fundamental rights relevant to civil proceedings, such as the right to a fair trial or the right of defence. It is also analyzed the situation in which the enforcement is based on an enforceable title arising from administrative or tax matters, and the civil procedure is the common law.

Keywords

• objection to enforcement
• admissibility
• unconstitutionality
• contravention liability.