Probleme controversate privind executarea silită a unor titluri executorii, altele decât hotărârile judecătorești
Controversial issues regarding the enforcement of some enforceable titles, different from judgments
Author(s): Emőd VeressSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: enforceable title; lease agreement; loan agreement; assignment of receivable; security mortgage; limited liability company; shares;
Summary/Abstract: Enforceable titles form the basis of the enforcement. The main form of the enforceable title is the judgment; however, the law recognizes the enforceable nature for a series of other documents, aiming at specific purposes of legislative policy. The author examines three concrete issues related to these enforceable titles, others than judgments: whether the enforceable nature of the receivable of a credit institution or non-banking financial institution is maintained in case of assignment of receivable in favour of a third party; whether the lease agreement may represent an enforceable title not only for the rent payment, but also for getting back the leased asset; and finally, the limits within which the security mortgage agreements whose object is represented by the shares owned by the shareholders of the limited liability companies, may be enforced.
Journal: Revista Română de Executare Silită
- Issue Year: 2015
- Issue No: 3
- Page Range: 70-79
- Page Count: 10
- Language: Romanian
- Content File-PDF