Aplicarea în timp a noului Cod civil sub aspectul dispoziţiilor care conferă caracter de titlu executoriu anumitor tipuri de contracte
Temporal enforcement of the new civil code in terms of the provisions conferring enforceable nature to certain types of contracts

Summary/Abstract: Subject to the provisions of Article 102(1) of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, the contract falls under the incidence of the provisions of the law in force by the time it was entered into in all respects relating to the conclusion, interpretation, effects, execution and termination thereof. The enforceable deed of a contract means that it can be subject to enforcement at the request of the creditor whenever the debtor fails to fulfill voluntarily the obligations incumbent upon the same, in accordance with the contractual undertakings thereunder. This means that the contractual obligations undertaken by the parties and the possibility to proceed to enforcement of the deed finding the relevant contract, in the sense of right to obtain enforcement, are closely connected. The new Civil Code defines for the first time the concept of „cause of action”, which encompasses both the right to conviction proceedings and the right to enforceable proceedings. Therefore, in terms of legal nature, the right to obtain enforcement is circumscribed, in terms of the new Civil Code, to subjective rights that make up the legal content of the deed concluded by the parties, so that it is part of the effects in the whole it produces. Therefore, the concept according to which the right to obtain enforcement has procedural character was abandoned by the current Civil Code, retaining that the possibility to get enforcement is not an end in itself, but the means necessary to achieve the final end.

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