Declanșarea executării silite potrivit Noului Cod de Procedură Civilă. Natura administrativ-jurisdicțională a acestei etape

Abstract

The right to initiate enforcement measures belongs to the creditor, unless otherwise provided by law, who nevertheless cannot proceed in this respect unless it meets procedural requirements expressly regulated by the lawmaker. The procedural formalities required to initiate the enforcement measures are the existence of an unquestionable and due claim, the submission of a request for enforcement to the competent bailiff, obtaining the permission for enforcement from the enforcement court and the preliminary notification of the debtor. The initiation of enforcement measures in the regulation brought by the new Civil Procedure Code seems a complex activity of a mixed nature, which has both a jurisdictional side, represented by the activity of the court of law, and an administrative side, consisting in the enforcement activity of the bailiff.