Enforcement is one of the fundamental institutions of the civil procedure and an important component of justice in a state of law.
In the sense of the new Code of Civil Procedure approved by Law no. 134/2010, published in the Official Gazette of Romania, Part I, No. 485/15.07.2010, enforcement is integrated into the civil trial and represents its second phase.
The enforcement procedure is of great importance for the creditor, as this represents the last possibility to make use of the right in the case of opposition by the debtor.
The bailiff has general jurisdiction to apply the writs of execution that concern claims of civil nature.
Methods of Enforcement
Law No 188/2000 on bailiffs, as subsequently amended and supplemented, as well as the Code of civil procedure, represent the legal base of the enforcement activity.
The Romanian Code of Civil Procedure provides a list of direct and indirect enforcement measures.
Indirect enforcement includes enforcement of movable and immovable assets, garnishment.
Direct enforcement — the enforcement of an obligation to do something or refrain from doing something, conferring possession, delimiting property boundaries, easements, delivery of goods, evictions, awarding custody of or establishing the domicile of a minor, visits of minors.
Application for Enforcement – Art. 664, The code of civil procedure
- The enforcement procedure starts only at the request of the creditor unless the law provides otherwise.
- The application for enforcement is filled in by the creditor or by legal/conventional representative to the competent bailiff
- The application for enforcement outside the terms set out in the art. 148 will include:
- Name, address/registered office, unique registration code/identification data of the creditor and the debtor;
- The number of the writ of execution;
- Type of enforcement procedures required by the creditor
- The creditor will attach the original of the writ of execution or a certified copy, and, where appropriate, other documents specifically provided by law.
Writ of Execution Examples
- Enforceable decisions; injunctions;
- Bills of exchange, promissory notes and cheques enforced by the Court;
- Lease agreements recorded at the Financial Administration;
- Loan agreements issued by the public notaries;
- Free lease agreement;
- Mortgage contract;
- Legal assistance contract;
- European Enforcement Orders for uncontested claims issued under the provisions of Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004.
Find more about Recognition and Enforcement of Foreign Judgements.
Learn about European Enforcement Order and uncontested claims.
See which are the required Enforcement Documents and Forms.
