Este oare posibilă intoarcerea executării silite, in ipoteza anulării actelor executorului judecătoresc?

Abstract

In the present study a thesis is being substantiated, according to which the return of enforcement can happen in the case of annulment of the bailiff’s acts. It highlights that the enforcement is being coordinated and, at the same time, conducted by the bailiff, whom the law invests with most of the the responsibilities in the procedural demarche of fulfillment of the obligations contained in the enforcement documents. Also, it emphasizes that his acts must be subordinated to the imperative of respecting the law. When the principle of legality is being affronted there is a need to restore the previous situation. Finally, it accentuates that expressis verbis the legislator does not speak about the return of enforcement in the hypothesis of annulment of the bailiff’s acts. Therefore, the fill of this legislative gap has been suggested de lege ferenda.

Keywords

• întoarcerea executării
• actele executorului judecătoresc
• debitor