Direct enforcement

Direct enforcement aims at performance in kind of the obligation established in the enforceable instrument: delivery of assets, eviction or performance of an obligation to act or refrain from acting.

Compulsory delivery of movable assets — Arts. 893–895, Romanian Code of Civil Procedure

The procedure delivers the movable asset to the creditor holding the enforceable instrument. If the obligation is not performed voluntarily within 24 hours of service of the enforcement authorisation order, the officer takes the asset from the debtor or its holder, delivers it to the creditor and records the acts.

Compulsory delivery of immovable property and eviction — Art. 896 onwards, Romanian Code of Civil Procedure

The procedure delivers the property to the creditor under an enforceable instrument. Under Art. 897, if the debtor does not comply within 8 days of service of the authorisation order, removal from the property follows, subject to law.

The officer gives effect to the creditor's rights, with law-enforcement assistance if needed. Movable assets left on the premises, outside the enforcement's object and not removed by the debtor, are placed in custody under Art. 899.

Obligations to act — Arts. 903–904, Romanian Code of Civil Procedure

If another person can perform the obligation, the creditor may seek the enforcement court's authorisation to perform it personally or through others at the debtor's expense.

Obligations to refrain from acting — Art. 905, Romanian Code of Civil Procedure

The creditor may seek court authorisation to remove, personally or through others at the debtor's expense, works carried out in breach of an obligation to refrain from acting.

For obligations that cannot be performed by another person, the penalty mechanism in Art. 906 applies subject to statutory conditions.

Enforcement costs — Art. 670, Romanian Code of Civil Procedure

Costs are advanced and borne under statutory rules. Necessary enforcement costs are generally borne by the debtor, subject to legal exceptions.