2020

Nicolae-Horia ȚIȚ, Assoc. Professor, Faculty of Law, „Alexandru Ioan Cuza” University from Iași, Considerations regarding the interpretation of art. 713 para. (3) of the Civil Procedure Code

DOI: https://www.doi.org/10.31178/AUBD.2020.04

Abstract: Art. 713 parag. (3) of the Civil Procedure Code establishes the prohibition to invoke, by way of a subsequent enforcement appeal, certain motives that existed at the date when a previous enforcement appeal was filed, at the same time allowing the appellant to complete his request with new motives, provided the deadline for submitting the appeal is met in respect thereof. This article analyses the two theses of the enunciated legal provisions, determining the correlation with the common law provisions and trying to clarify their applicability in concrete cases. The key interpretations stated in the doctrine are highlighted and a new interpretation is hereby proposed, while the conclusions comprise a lege ferenda proposal. 

Key-words: enforcement appeal, motives, inadmissibility, amendment


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