Pursuant to the provisions of article 703, paragraph 1, item 2 of the Code of civil procedure, the forced execution ceases if it can no longer be carried out or continued due to the lack of traceable goods or the impossibility of capitalization of such goods. The qualification of the termination of enforcement as an act of enforcement or not is relevant in the light of its effects as regards the prescription of the right to enforce enforcement. This study aims to analyze the hypothesis in which a termination of enforcement is issued under the Civil Procedure Code of 1856, and subsequently the creditor is addressed to another bailiff with a request for enforcement in accordance with the provisions of the current civil procedure Code in force. Against the forced execution initiated in the new enforcement file, the debtor makes an appeal for enforcement by invoking the fulfillment of the limitation period, such an appeal being not formulated in the first enforcement file.
Roxana Maria ROBA (Tue,) studied this question.