LAW NO. 17/2017 REGARDING THE APPROVAL OF THE GOVERNMENT EMERGENCY ORDINANCE NO. 1/2016 FOR THE AMENDMENT OF THE LAW NO. 134/2010 REGARDING THE CIVIL PROCEDURE CODE, AS WELL AS SOME RELATED NORMATIVE ACTS HAVE BEEN PUBLISHED IN THE OFFICIAL GAZETTE OF ROMANIA, PART I, NO. 196 OF 21 MARCH 2017
Civil Procedure Code:
Documents under private signature are enforceable titles only if they are registered in public registers, in the cases and under the conditions as provided by the law. Any clause or agreement to the contrary is null and thus considered non-existent.
The resolution by which the request for forced execution is rejected can be challenged exclusively by the Creditor only with appeal, within 15 days from the date of communication. The resolution by which the appeal is judged shall be communicated, ex officio and at once, to the judicial executor.
With regard to garnishment, it shall be set up on the request of the Creditor by a judicial executor whose office is located within the circumscription of the Court of Appeal in which the Creditor is domiciled or located.
Civil Code:
The mortgagee may petition the Court for the approval of the forced execution of chattel mortgages through the sale of the chattel that has been mortgaged. The documents that prove the existence of the personal right guaranteed by mortgage and of the chattel mortgage must be attached to the petition for approval. The Court will analyze the existence of the claim and of the duly completed mortgage and will authorize the sale, with the summoning of the interested parties. The introduction of the petition for approval of the forced execution of the mortgage through the sale of chattel shall interrupt the time limitation of the right to petition regarding the approval of forced execution.
Issued by: the Romanian Parliament
Date: 21 March 2017
