The Court Order – Judicial Act of Disposal and Document of Enforcement [Ordonanta judecatoreasca– act judecatoresc de dispozitie si document de executare silita]
Vasile Crețu, Ilona Josanu
Abstract
Vasile Crețu, Ilona Josanu
Abstract
By this paper the authors submit the analysesof some features of the legal nature of the writ, which over the course of time, generated conflicting opinions in the specialised literature. The civil procedural law governs the concept and the features of the writ in its narrow sense, which, again, results in the lack of consensus on the writ importance and place in the system of judicial acts of disposal. The authors highlight the main features of the writ both as judicial act of dispositionand as enforcement act, and as a procedural document, providing details on the writ form and substance, and analysing the double nature of the writ as procedural and as enforcement act.
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By this paper the authors submit the analysesof some features of the legal nature of the writ, which over the course of time, generated conflicting opinions in the specialised literature. The civil procedural law governs the concept and the features of the writ in its narrow sense, which, again, results in the lack of consensus on the writ importance and place in the system of judicial acts of disposal. The authors highlight the main features of the writ both as judicial act of dispositionand as enforcement act, and as a procedural document, providing details on the writ form and substance, and analysing the double nature of the writ as procedural and as enforcement act.
Key concepts: Writ, Enforcement, Political science, Law, Procedural law, Order (exchange), Civil procedure, Business