DISCUȚII PRIVITOARE LA APLICAREA PENALITĂȚILOR ÎN CAZUL NEEXECUTĂRII UNOR OBLIGAȚII DE A FACE SAU DE A NU FACE ÎN LUMINA ART. 906 DIN NOUL COD DE PROCEDURĂ CIVILĂ ȘI A ART. 1516 DIN NOUL COD CIVIL

The new Civil Procedure Code establishes the penalties for each day of delay as indirect means of coercion meant to ensure the performance in kind of the obligations to do or not to do which can not be carried out by someone else other than the debtor. The application of these penalties is mainly carried out at the level of the executional procedural law, being conditioned by the initiation of the enforcement and by the existence of a writ of execution, however the legislator, by the law implementing the new Code, tends to generalize the system of penalties to the detriment of the other legal means with similar function. In this context and under the terms of removal of the comminatory damages and of the civil fines for each day of delay, regulated by the provisions of substantive law contained in special laws, it is raised the question of admissibility of the general use of penalties regulated by the Civil Procedure Code at the level of substantive law, before obtaining a writ of execution.