Întreruperea cursului prescripției extinctive. Examen din perspectiva prevederilor art. 2537 pct. 2, art. 2539 și art. 2541 C.civ., art. 689-695, art. 705-710 C.proc.civ., precum și dispozițiilor Legii nr. 85/2006
Interruption of the extinctive prescription. Examination in terms of art. 2537 point 2, art.2539 and art. 2541 Civil Code, art. 689-695, art. 705-710 Civil Procedure Code and Law no. 85/2006

Summary/Abstract: The request to open insolvency proceedings is a request to start the enforcement of execution proceedings with the aid of a third party; it is not an action, which, although aimed at the indirect acknowledgement of a right, the entry into the list of creditors and debt recovery proceedings; it cannot be based on art. 2537 section 2 thesis I - the introduction of a civil complaint or arbitration - nor can it be based on art. 2537 section 2 II-nd thesis - enrolment of the debt to the list of creditors in insolvency proceedings, in order to interrupt the extinction of the substantive law right to action. The two notions of "inclusion on the list of creditors of the claim during insolvency proceedings" and "request to open insolvency proceedings" are not equivalent because the request to initiate the procedure does not automatically attract the inclusion of claim onto the passive. In terms of extinctive prescription as it is an interruption act for the extinction term that must be made by the person the prescription runs against, the interruption is temporarily operating at the time of the statement of claim and the claim will be finalized by inclusion in the final table of creditors. In order to have the effect of interrupted extinctive prescription, the application form must be upheld (art. 2539 paragraph 2) which means that the "inclusion on the list of creditors of the claim during insolvency proceedings" has the meaning of "registration of the claim on the final table of claims". Submitting an application to intervene in the foreclosure pursuit started by other creditors, interrupts, where appropriate, the prescription of the right to request the foreclosure of the debtors or the prescription of the right to action, as the intervening creditor does or does not have a judicial title, although this intervention is an enforcement act in itself. This cause of interruption is regulated by the provisions of art. 2537 section 2 of the New Civil Code, which governs the substantive law to action and art.698-695 of the New Code of Civil Procedure which governs the extinction of the right to get an enforcement.

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