O posibilă problemă de legalitate a procedurii de executare silită: prorogarea competenței executorului judecătoresc// A Potential Legality Problem of the Enforcement Procedure: the Prorogation of Jurisdiction in the Case of the Bailiff

Abstract

One of the legality principle's guarantees concerning the enforcement procedure is the one referring to the performance of enforcements acts by the competent bailiff. The law provides for certain situations regarding the prorogation of the bailiff's jurisdiction. The article analyses the possible interpretations of the relevant legal provisions in the matter (especially art. 652 para. (2) of the Civil Procedure Code) and their practical consequences. Thus, the applicability of the rules on the prorogation of the bailiff's jurisdiction in matters of garnishment is herein analyzed. The issue on the prorogation of the bailiff's jurisdiction in the case of a plurality of debtors is also being addressed.

Keywords

• enforcement
• bailiff
• jurisdiction
• prorogation
• legality