Dismissal of the request for suspension of the appeal to enforcement and the appeal to enforcement on the merits, in which the debtor appellant alleges a potential and future legal compensation Cover Image
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Respingerea cererii de suspendare a contestației la executare și a contestației la executare pe fond, prin care contestatorul debitor invocă o posibilă și viitoare compensație legală
Dismissal of the request for suspension of the appeal to enforcement and the appeal to enforcement on the merits, in which the debtor appellant alleges a potential and future legal compensation

Author(s): Robert-Adrian Deliu, Andreea Nedelcu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: suspension; legal compensation; enforcement; enforcement appeal; claim; enforceable title;

Summary/Abstract: The request by the debtor appellant, within the appeal for the execution of the optional suspension based on the provisions of art. 413 para. (1) § 1 C. pr. civ., of the judgment of the appeal until the settlement of a request for annulment which will establish the existence or non-existence of a right of claim that can be opposed to the intimate creditor, as well as its extent so that he can invoke legal compensation, no it is based on the special procedure of the enforcement appeal, and the question regarding the legal compensation invoked at this procedural moment, represents a matter of forced execution. Given the exceptional and specific nature of the enforcement appeal, as regulated by the Code of civil procedure, it does not require the suspension of the trial or the suspension of enforcement, nor before the court of first instance, and even more so in before the court of judicial control, so that the litigants establish their conflicting rights of claim by way of claims having as object the payment order.

  • Issue Year: 2021
  • Issue No: 3
  • Page Range: 11-22
  • Page Count: 12
  • Language: Romanian
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