Creditor’s fault – the legal requirements to declare obsolescence Cover Image
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Culpa creditorului – conditie pentru a opera perimarea executarii silite
Creditor’s fault – the legal requirements to declare obsolescence

Author(s): Gabriela Padurariu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: compulsory execution; prescription period; request to continue enforcement proceedings; obsolescence of compulsory execution

Summary/Abstract: If the enforcing creditor periodically files claims to continue the compulsory execution, each time shortly before the expiration of the six-month period, this is not likely to prevent de jure operation of obsolescence, whereas – on the one hand – the request to continue enforcement proceedings is not an execution deed in itself and, on the other hand, the creditor has available a procedural means to force the bailiff to continue compulsory execution, to the extent the latter may have refused to do it, the complaint provided by Art. 53 of Law no. 188/2000, respectively.

  • Issue Year: 2010
  • Issue No: 4
  • Page Range: 48-54
  • Page Count: 7
  • Language: Romanian