Second appeal. Article 24 (1)-(3) of Law 554/2004. Conditions for incurring the legal liability of the debtor for non-performance of obligations established by an enforceable judgment

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Lack of clarity of the enacting terms of the enforceable title consisting of a final judgment in administrative proceedings, in the sense that no explicit obligations on the public authority are laid down – Article 8(1) to (3) of Law No 554/2004 – is an element capable of removing the existence of fault, a requirement laid down in Article 24(3) of Law No 554/2004 and, finally, of removing the legal liability of the debtor sought to be incurred for non-performance of the obligation under the provisions of Article 24(1) to (3) of Law No 554/2004.