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From The Strictness Of The Regulation To The Inconsistency Of The Implementation; Case Law Study In The Field Of Attachment Validation

Author

Listed:
  • Rodica-Diana Apan
  • Angela Miff

Abstract

The case law study brought under analyze here was generated by the in concreto observation of the consequences induced by the misconduct of the participants in the validation of attachment procedure, in way that attenuated the consistency of the regulations in the field. From the examination of the case resulted two fundamental obligations that are incumbent on the participants in the enforcement proceedings, including by means of attachment, meant to ensure its efficiency: the obligation of information and the obligation of cooperation of the participants in the procedure, responsabilities that are considered as being components of a conduct centered on good-faith.

Suggested Citation

  • Rodica-Diana Apan & Angela Miff, 2015. "From The Strictness Of The Regulation To The Inconsistency Of The Implementation; Case Law Study In The Field Of Attachment Validation," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 9(2), pages 20-34, October.
    • Handle: RePEc:dcu:journl:v:9:y:2015:i:2:p:20-34
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