Litigation to execution in legal labour relationships. Study case

Author:Dragos Lucian Radulescu
Position:Petroleum and Gas University of Ploiesti, Romania
Pages:47-55
SUMMARY

Enforced execution is the legal way by which the Creditor under 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 of 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... (see full summary)

 
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Litigation to execution in legal labour relationships. Study case
Lecturer Dragoş Lucian RĂDULESCU
1
, 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 .

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