Litigation to execution in legal labour relationships. Study case

• Author: Dragos Lucian Radulescu
• Pages: 47-55

Litigation to execution in legal labour relationships. Study case

Lecturer Dragoş Lucian RĂDULESCU1, PhD.

Abstract

Enforced execution is the legal way by which the Creditor u nder an enforceable

order protects his rights by resorting to coercive force of the state. When the Debtor does

not comply voluntarily, the Creditor may appeal to the Bailiff to commence the enforced

execution in all manner prescribed by law. Of course, the start of compulsory execution is

limited by the conditions o f admissibility imperatively specified in the law, principally the

condition to exist an enforceable order owned by the Creditor. Regarding the order to be

enforced, it can be represented either by an enforceable or final judgement, with

provisional enforcement or any other document that can be enforced. Procedurally, the

provisions of Art.712 of the Civil Procedure Code allow the introduction by a Creditor who

has a litigation to execution against the execution itself, against the Closures issued by the

Bailiff, an d again st any other act of enforcement. Jurisdiction of the Court in this matter

will be of the Executor Court or the Court in whose district the Debtor is situated, on the

date of the app eal. The appeal o f the Debtor questions the Parties not only over the acts of

execution because the appeal is also allowed over the explanations relative to the meaning,

scope or application of the enforceable order, but in the conditions limited by the legal

nature of this order. Thus, according to the law when enforceable order is n ot issued by a

Court or Arbitration may be invoked before an Executor Court including reaso ns of fact or

law which could not be discussed during an earlier trial, in the first instance or in an

appeal. Basically, if enforced execution is under an enforceable order that is not from a

Court, these reasons can be invoked when there is no other p rocessual mean for its

abolition. There also can b e submitted a complaint against the Closure by which was

upheld the appeal for an enforced execution, and the act of execution concerning the

division of the common property or common goods. For the purposes of the foregoing

ideas, the article details the mean of introduction the execution appeal for recovery of

emoluments arising f rom a legal labour relationship. Creditor’s debt is represented by the

financial rights related to the management function held in a public institution. Regarding

the enfo rcement o rder it is the Decision of the Appeal Court by which the Debtor public

institution is obliged to cover the material damage suffered by the Creditor civil servant,

starting from the time of his dismissal from the management function until effectively

reintegration on the same position. There are analysed the Debtor’s appeals requesting the

annulment of execution acts issued by the Bailiff, and the execution itself, the appeal

motivation, the defences of the parties in fact and in law, and the role of the Court during

the course of the procedure.

Keywords: emoluments, execution, appeal, public function, labour relati onship.

JEL Classification: K31, K41

1 Dragoş Lucian Rădulescu - Petroleum and Gas University of Ploieşti, Romania,

dragosradulescu@hotmail.com .