Executarea silită a bunurilor soţilor care sunt şi profesionişti
Forced execution of goods spouses who are also proffesionals
Author(s): Marius ChelaruSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: compulsory execution; spouses; matrimonial regimes; professionals.
Summary/Abstract: Novelties from the Civil Code regarding matrimonial regime of spouses and heritage regulation of affectation lead to multiple hypotheses and legal solutions differentiated in terms of enforcement of property’s spouses. Thus, depending on matrimonial regime chosen by the spouses, they can own property and common property in joint property or shares, as well as their lenders or creditors common. If one spouse is employed, a portion of its assets will be for the profession, and creditors are added to those mentioned above who claims arising in connection with this profession. According to the rules specific to this matter, (i) creditors can pursue their spouses only their own goods, may require division of joint property for the rest of the claim, (ii) common creditors of the spouses can pursue their common property or, alternatively, own property and (iii) professional lenders can pursue that profession only property affected of performance, unbearable the competition of others creditors.
Journal: Revista Română de Executare Silită
- Issue Year: 2013
- Issue No: 1
- Page Range: 11-16
- Page Count: 6
- Language: Romanian
- Content File-PDF