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Nicolae-Horia ŢIŢ: Restriction of enforcement, incident on forced execution regulated by the New Civil Procedure Code

Abstract: As a novelty, the Code of Civil Procedure regulates the institution known as enforcement`s restraint, incident that may occur whenever the value of more assets, movable or immovable, which are object of legal enforcement, is conspicuously disproportionate to the claim that is being enforced. The legal provisions are, however, lapidary, leaving room for interpretation and creating the opportunity of abusive exercise of rights. The analyzed text is ambiguous especially in terms of establishing the claim which is obviously disproportionate and regarding the moment until which the suspension of the enforcement on the debtor`s other assets, which is a specific effect of the restraint, may occur.

Key words: enforcement, restraint, conspicuously disproportion, suspension.

Faculty of Law

B-dul Carol I nr. 11, cod 700506, IAŞI
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