SOME CONSIDERATIONS REGARDING THE NOTION OF ENFORCEMENT ORDER

Abstract

The issue of enforcement orders is particularly important for the field of regulations applicable to the execution. Enforcement order are the fundament of enforcement proceedings, aimed at fulfilling the obligation contained in the title. With reference to the current regulation of enforcement orders, we must distinguish between formal titles, that require a verification of their enforceability prior to the onset of the enforcement proceedings, and substantial titles, which are enforceable by law at the end of the procedure of which they emanate. With reference to this distinction, the article analyses the characteristics of enforcement orders, making a number of clarifications and remarks about the procedure for declaration of enforceability, recently reintroduced into the Civil Procedure Code by Law no. 138/2014.

Keywords

• enforcement
• enforcement order
• European enforcement order
• declaration of enforceability
• judgement.