Prescripția dreptului de a cere executarea silită a contractului de ipotecă accesoriu contractului de credit. Decizia ICCJ nr. 13/2022 pronunțată în recurs în interesul legii
The statute of limitation of the right to obtain enforcement for the mortgage agreement as an accessory to the loan agreement. The Supreme Court`s decision no. 13/2022 rendered in referral in the interests of the law

Summary/Abstract: The statute of limitation of the right to obtain enforcement represents a legal institution which generated numerous practical discussions, especially when the enforceable title is represented by a mortgage agreement as an accessory to the banking loan agreement. This paper aims to present a previous context for the referral in the interests of the law no 13/2022 and also a brief analysis regarding the arguments of the Supreme Court which solved a thorny problem from the judicial practice of Romanian law. Although more than 10 years have passed since the Civil code`s entry into force and almost 10 years have passed since the Civil procedural code`s entry into force, the Supreme Court`s intervention is still required in order to solve temporal conflicts of law with binding rulings.

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