Second appeal. Request for suspension of enforcement of a decision under appeal. Conditions

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

In order for the court of appeal to be able to suspend the enforcement of a court order, it is obviously necessary that the provisions of this title should not have been executed yet (in a 
forced way or willingly). However, the copy of the hearing report for the cessation of enforcement dated 11 November 2019, issued in the casefile no. 301/2019 of I.C. Bailiff’s Office, it follows that the payment obligation established under a writ of execution was 
enforced. At present, obtaining a suspension of enforcement in this case lacks practical use considering that such a provision of the court of appeal could not involve the enforcement of the obligation – this has fully been enforced so far. 

The possible irregularities of enforcement (non-compliance with certain deadlines or of another suspension etc.) can only be covered by an appeal against enforcement, and they cannot be examined by the Court in the application for the suspension of enforcement; as long as the enforcement documents have not been abolished, they produce effects, respectively the fact that the performance of the payment obligation has been made in 
full, is proven thereunder.