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Analytical reflections on incidents in the forced execution of judicial decisions in civil matters


Author: Bănărescu Anatolie
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2019
Scientific adviser: Eugenia Cojocari
doctor habilitat, professor, Moldova State University
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

The thesis was presented on the 16 November, 2019
Approved by NCAA on the 6 December, 2019

Abstract

Adobe PDF document – 0.54 Mb / in romanian

Thesis

CZU 347.952(043.3)

Adobe PDF document 4.79 Mb / in romanian
236 pages

Keywords

incidents in forced execution, enforcement proceedings, the principle of fairness, the incident process, provisional, incidents of outright refusal in initiation of proceedings for enforcement stay of proceedings for the enforcement, return the enforcement

Summary

Structure of the Thesis: introduction, 3 chapters, general conclusions and recommendations, biblio¬graphy from 345 titles, 4 annexes, 195 basic text pages. The results obtained were published in 12 scientific papers.

Purpose of the study: the aim of the investigation consists in carrying out an in-depth study of the legal framework in respect of the incidents of procedural apart from other hotels in the enforcement for the identification of the obscurities laws that create obstacles to the work of exception, and the provision of solutions to overcoming them.

Research objectives of the paper consist in analysing the opinions of domestic and foreign authors, analysing some principles relevant to the forced execution procedure, making a synthesis of constitutional jurisprudence, analysing doctrinal meanings related to procedural incidents, studying the criteria for classification of procedural incidents, identifying legal inaccuracies that occur within various procedural incidents, individualizing the reasons underlying the cancellation of procedural acts of bailiffs, etc.

Novelty and scientific originality it is stated by the themes and topics of the subject of the research because by this stage in the doctrine of the national-there is no in-depth studies on the issues related to the incidents, procedural, addressed to the author. The scientific originality of the paper is manifested by the ample analysis on some procedural incidents, identification of legal and jurisprudential obscurities as well as by the authenticity of the opinions exhibited by the author in order to eliminate legal inaccuracies. The results obtained that contributes to solution of an important scientific problem addressed is the identification of the challenges to the achieve¬ment of the various incidents in the execution, preparation of proposals of ferenda law, in order to eliminate the obscurities laws, and the provision of recommendations methodology, development of concepts and classifications in the field of the incident process.

The theoretical significance of the paper derives from the author's assessments and opinions on different doctrinal opinions and legal provisions in matters of procedural incidents, legal and doctrinal solutions that the author exposes regarding the removal of doctrinal controversies on different theories in the field.

The applicative value of the work lies in the findings of the author, and the various proposals of ferenda law are exposed to each and every topic, which in itself may serve as a methodological support for the development of legislation, execution, and removing the difficulties with which you collide with the bailiffs and the courts in carrying out various procedural incidents, as well as law and analytical support to the improvement of the for the completion of a national doctrine with an in-depth study on the incidents, procedural matters relating to enforcement proceedings.

The implementation of the scientific results of the work shall be carried out on the basis of the novation’s display of the copyright in the content of the thesis is to assist in the improvement of the national legal framework in this area, improving the methodological aspects regarding the correct application of the law, and the completion of the doctrine of the native with some education of their own incidents, a procedural that may arise in the execution. In addition, they found reflection in a monographic study of the author and in numerous articles published in specialized journals. The conclusions and recommendations from the thesis were submitted to the Ministry of Justice in order to be taken into consideration when amending the legislation in the field, and by letter No. 03/5904 of 17 June 2019 were positively assessed. As regards the methodological innovations were submitted to the Republican Organization of bailiffs in order to be selected and systematized in order to further develop a guide for bailiffs, and by letter No. 18 of 27 June 2019 they received a favourable qualification, while recognising the usefulness of the study for programming activities in the field concerned.