Limitations of the right to free movement in the enforcement procedure (III)
Journal Title: Revista Institutului Național al Justiției - Year 2017, Vol 41, Issue 2
Abstract
In this study, it is noted that the disposition of forced bringing the debtor also may cause restrictions to the freedom of movement in enforcement proceedings. It is revealed that the concepts of „forced bringing” and „bringing under constraint” are equivalent. It is indicated that if the debtor fails to appear repeatedly at the request of the enforcer, the court, upon the request of the enforcer will dispose forced bringing in front of the debtor. It is opined that forced bringing of managers, accountants or legal entity founders debtor transgresses freedom of movement within the state. It stresses that while requesting for the forced bringing of debtor enforcer will prove sending repeated (2 times consecutively) summons to the debtor in the manner prescribed by the legislature, the non-fulfilment of the enforceable document, the fact that the default of the debtor would be an impediment to successful enforcement, and not least, if the debtor’s state of health allows it. Also, it is highlighted that forced bringing measure has, at times an intimidating character and a strong psychological effect. However, it should aim to boost the execution of an enforceable document that contains personal obligation incumbent upon the individual. Finally, the study trilogy that has as subject of research questionable limitations of the right to free movement in the procedure of enforcement of Moldova ends with conclusions and lege ferenda proposals intended to streamline the legal framework in the matter investigated.
Authors and Affiliations
Dumitru Visternicean, Gheorghe Reniță
Keywords
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