Pierderea titlului executoriu. Impediment la obţinerea unui nou titlu? Ipoteze, soluţii şi remedii
Loss of enforceable title. Impediment to obtaining a new title? Hypotheses, solutions and remedies

Summary/Abstract: The commencement of enforcement, as a distinct phase of civil proceedings, is subject to the presentation by the creditor, together with other documents, of the enforceable title in original or, where appropriate, in certified copy. Would the creditor still be able to initiate enforcement if he has lost the original or, as the case may be, the certified copy of the instrument and has only a simple copy of it or if he no longer has any document to that effect? The paper sets out the existing remedies in the event of the loss of the enforceable title, depending on the nature of the lost enforceable title (i.e. judgment, notarial authentic instrument, private document etc.), with a detailed analysis of enforceable titles which the law recognizes as such without being obtained in a court procedure (e.g. bank credit agreement). With regard to enforceable titles which the law recognizes as such without having been obtained in a judicial procedure, we shall attempt to provide answers to the following questions: (1) could the creditor obtain a new enforceable title on the basis of the same binding legal relationship?; (2) is a writ of execution by which the creditor seeks to obtain an order requiring the debtor to perform the obligation that was provided for in the lost enforceable title devoid of purpose? (3) what legal remedies could the creditor use in order to obtain a new enforceable title – an action for enforcement (i.e. application for the payment order, low value claim, action on claims) or even a declaratory action of enforceability of the claim for which the enforceable title (the document containing the title) has been lost?

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