Momentul de la care începe să curgă termenul de prescripţie a dreptului de a cere executarea silită în cazul contractului de credit
The moment from which the limitation period for the right to request enforcement in the case of a credit agreement begins to run
Author(s): Robert-Adrian Deliu, Andreea NedelcuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: prescription; enforcement; credit agreement; deadlines; early maturity; payment of installments;
Summary/Abstract: The date of birth of the right to obtain enforcement is the objective moment, the definite and effective time frame, in relation to which the creditor can demand from the debtor the execution of the obligation, as it has become due. It follows, therefore, that by law the fulfillment of the limitation period has as an explicit effect the loss of the enforceable power of the title, so that it becomes impossible to fulfill any act of forced execution; This does not mean, however, that the debtor could not, in addition to the forms of enforcement and after the expiry of the limitation period for the right to obtain enforcement, voluntarily fulfill his obligation, in which case he will not have the right to claim restitution. By the effect of the expiration of the term of the creditor's right to request enforcement, per se, his right to obtain the force of the state organs in order to exercise his right by way of enforcement is extinguished and, consequently, the debtor is released from debt.
Journal: Revista Română de Executare Silită
- Issue Year: 2021
- Issue No: 4
- Page Range: 44-51
- Page Count: 8
- Language: Romanian
- Content File-PDF