The execution of court decisions and of other enforceable titles regarding minors, according to the Romanian civil procedure code

• Author: Georgeta-Bianca Spîrchez
• Position: Transilvania University of Brasov
• Pages: 207-212

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 10 (59) No. 1 - 2017

THE EXECUTION OF COURT DECISIONS

AND OF OTHER ENFORCEABLE TITLES

REGARDING MINORS, ACCORDING TO

THE ROMANIAN CIVIL PROCEDURE

CODE

Georgeta-Bianca SPÎRCHEZ1

Abstract: Starting from the specific nature and difficulties that occurred

during the forced execution of measures regarding minors, by means of this

article we intend to present the particular characteristic rules of this

procedure, according to the Romanian Civil Procedure Code. We took into

consideration, in the elaboration of this study, the updated regulations on

this matter and recent jurisprudence developed on relevant legal provisions

but also the view of the European Court of Human Rights in such cases.

Key words: forced execution, minors, opposition to forced execution,

refusal of the minor

1. Introduction

The enforcement of Court decisions regarding minors is regulated in Romania by the

Civil Procedure Code (Law no.134/2010 republished in the Official Gazette of Romania

Part I, no. 247/10.04.2015, with the subsequent amendments and completions), the source

of the matter being Section 2 (art.910-914) of Title III-“Direct forced execution” within

Book V titled “On forced execution”.

It is believed (Măgureanu G., 2011, p.50) that the new regulation takes into

consideration the protection of children’s rights, especially their best interest, complying

with the jurisprudence of the European Court for Human Rights.

A series of measures are therefore established, for the easement of the materialization

of orders given by enforceable titles, without traumatizing the minor, who can be

submitted to the contradictory influences exercised by the parents in certain cases.

Thus, art.910 paragraph1of the Civil Procedure Code, sets the field of application of the

procedure submitted to our analysis, related to measures regarding minors, provided in an

enforceable title, such as: establishment of the minor’s residence, assignment in foster

care, handing over of the minor by people unlawfully keeping him, exercise of the right to

personal relations with the minor, as well as other measures provided by the law. This

latter expression “other measures provided by the law” leads to the interpretation

according to which the enumeration of the lawmaker is exemplifying but not limiting,

1 Transilvania University of Braşov, bianca.tarata@gmail.com