Titluri executorii în noul Cod Civil
Enforceable Titles in the New Civil Code

Summary/Abstract: The New Civil Code extends the area of enforceable titles with several contracts, of lease, of rental and of loan, which before its entry into force required the intervention of the court for a judicial decision, either by means of a personal action arising from a contract or by a real action, as appropriate. Such an approach is not unnecessary, given the distinction between synnalagmatic and unilateral contracts, Article 67 of Law no. 36/1995, as republished, being insufficient and causing the challenge on enforcement in the absence of circumstantial evidence of the conditions for starting the forced execution. Considering these situations determining the avoidance of the trial phase by acknowledging the enforceable title, the provisions of the New Civil Code are a major addition to the previous regulation and a good argument for the parties to these contracts to discipline their conduct in performing their own duties.

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