Prescripţia dreptului de a obţine executarea silită
The limitation of the right to obtain the enforcement

Summary/Abstract: The enforcement procedure represents the most volatile matter within the current Code of Civil Procedure, suffering the most amendments since the Code’s entry into force. Although, it had initially pursued to relieve the courts of laws of as many duties as possible, duties which were transferred to the judicial executors, the legislator had to relinquish this goal along the way and to correlate the legal texts with the decisions of unconstitutionality pronounced by the Constitutional Court. The limitation of the right to obtain the enforcement represents an incident which arises after obtaining the enforceable title and it is particularly important, since it is the most convenient means of defense that a debtor may invoke in order to annul the executory procedure started by the creditor. The present study proposes to analyze the judicial nature, the terms and conditions, and the means through which the limitation of the right to obtain the enforcement may be invoked, as well as the moment as of which the limitation period begins to run, is suspended or interrupted.

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