Provisional enforcement in Romanian civil procedure
Provisional enforcement allows a first-instance judgment to be enforced before it becomes final. It may be mandatory by law or granted at the court's discretion.
Definition
What is provisional enforcement?
Under art. 448-450 NCPC, certain first-instance judgments may be enforced immediately, before they become final. Mandatory provisional enforcement applies by law (maintenance, wages, damages for personal injury, evacuation of unlawfully occupied premises). Discretionary provisional enforcement may be granted by the court on request when immediate enforcement is necessary to avoid imminent irreversible harm. The debtor may request suspension of provisional enforcement from the appeal court by depositing a bond. If the judgment is later reversed on appeal, the creditor must return what was received plus damages.
Frequently asked questions
Yes, if the judgment is provisionally enforceable by law or court order. Filing an appeal does not automatically suspend enforcement in these cases.
Do you have a case in court?
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