Autor ILIE Andra-Roxana, Traian Cornel BRICIU

Publicat în: Revista Română de Drept Privat nr. 04/2014

Disponibil onlineaici

Titlul lucrării în engleză: Scope of the provisions of the Code of civil procedure or of the Code of tax procedure in the matter of precautionary measures taken in the criminal

Abstract: This study presents one of the issues which is at the boundaries between the civil procedural law and the criminal procedural law, with certain implications of the branches of substantive law in these matters, as well as of certain provisions in the tax matter or in relation to the insolvency procedure. Thus, examining the manner in which the precautionary measures are taken and performed in the criminal proceedings, the authors review a series of problems which are solved in a non-unitary way in the legal practice, such as the object and the limits of these measures, both in the matter of movables and of immovable, including the claims. At the same time, the study examines the possibility of enforcement of the enforceable titles obtained in relation to a person against whom precautionary measures have been taken in the criminal proceedings, especially when there are mortgages taken out over the assets subject to forced execution, presenting the different solutions delivered by the civil and criminal courts in this respect and trying to provide certain benchmarks in the interpretation and enforcement of the applicable regulations.

Keywords: garnishment; attachment; mortgage loan; appeal against enforcement; suspension of enforcement.