Competența instanței de executare între schimbare de paradigmă, clarificare sau confuzie

Abstract

We believe that the new legislative solution that allows the choice of the competent enforcement court based on art. 112 of the Civil Procedure Code is not only uninspired, but also susceptible to censure through constitutional litigation. The chosen legislative solution is vulnerable from the perspective of introducing a differentiation of the legal regime of the rules of territorial jurisdiction depending on the will of one of the parties, since enforcement actions exercised separately by the creditor against each individual debtor may attract the powers of different enforcement courts. The specificity of the legal relationship that generated the litigation ceased with the issuance of the writ of execution, in which case, in principle, the obligations of each particular debtor are individual and the execution procedure must be carried out in the same way.