Enforcement of enforceable instruments

The enforceable instrument is a judgment or document given enforceable force by law, allowing the creditor to seek compulsory performance. Enforcement stays within the instrument's scope and statutory conditions.

Enforcement of civil provisions — Art. 632, Romanian Code of Civil Procedure

Enforcement requires an enforceable instrument. Depending on the document and statutory conditions, these may include:

• Enforceable and final judgments — Arts. 633–634, including civil provisions of criminal judgments.
• Arbitral awards and other decisions of bodies exercising adjudicative powers — Art. 635, Romanian Code of Civil Procedure.
• Foreign judgments, after the applicable recognition and enforcement conditions are fulfilled — Art. 636, relevant treaties and European rules.
• Authentic notarial instruments that establish a certain, liquid and due claim — Art. 639.
• Bills of exchange, promissory notes and cheques, where special-law conditions are satisfied — Art. 640.
• Other documents given enforceable force by law, including certain contracts, subject to special provisions — Art. 638.

Application and authorisation — Arts. 664 and 666, Romanian Code of Civil Procedure

The creditor submits the application, the instrument in the required form and necessary documents. The officer checks the request and seeks court authorisation. The claim must be certain, liquid and due under Art. 663.

A judgment may be enforceable before becoming final in statutory cases. The required form of submission depends on the instrument's nature.