ENFORCED SURRENDER OF MOVABLE PROPERTY
The enforced surrender of movable property is the form of enforcement intended to ensure that movable property is delivered to the creditor who holds an enforceable title relating to that property.
The procedure for surrendering movable property is used when the debtor, who is required to return movable property specified by quantity and quality, fails to comply voluntarily by the deadline set in the judgment or within one day of receiving the notice served by the judicial enforcement officer.
The judicial enforcement officer shall take the property subject to enforcement from the debtor or from the person in whose possession it is, thereby restoring the creditor to the rights established by the enforceable title.
All enforcement costs relating to the compulsory surrender of movable property are borne by the debtor and are recovered through this form of enforcement.
ENFORCED SURRENDER OF REAL PROPERTY – EVICTION
Enforced surrender of real property (eviction) is the form of enforcement intended to ensure that real property is surrendered to the creditor who holds an enforceable title relating to that property.
This form of enforcement is used when a party required by a final court judgment to vacate the property or surrender it to the owner fails to comply within 8 days of service of the order authorizing enforcement.
If movable property not subject to enforcement is found on the premises and the debtor does not remove it, the judicial enforcement officer shall place it in the custody of an administrator, under seizure at the debtor’s expense.
Over approximately ten years of activity, the Ulman Bogdan Judicial Enforcement Office in Bucharest has enforced more than 350 enforceable titles concerning eviction or the surrender of real property.
All enforcement costs relating to the compulsory surrender of movable or immovable property are borne by the debtor and are recovered through this form of enforcement.
ENFORCEMENT OF OBLIGATIONS TO ACT OR OBLIGATIONS NOT TO ACT
Enforcement of obligations to act or obligations not to act is the form of enforcement whereby the creditor is authorised to perform the act personally or engage another person to fulfil the obligations imposed on the debtor by the enforceable title.
Enforcement of an obligation to act – Article 903 of the Code of Civil Procedure
- The provisions of this section apply accordingly where the enforceable title includes an obligation not to act.
- The creditor may request the enforcement court to authorize, by an enforceable order issued after summoning the parties, the creditor to remove, personally or through other persons and at the debtor’s expense, the works carried out by the debtor in breach of the obligation not to act.
ENFORCEMENT OF COURT DECISIONS CONCERNING MINORS
- custody of minors
- determination of the minor’s residence
- visitation rights.