ACCESORIILE CREANŢEI NECUPRINSE ÎN TITLUL EXECUTORIU. APLICABILITATEA ART. 628 ALIN. (4) C. PR. CIV. ÎN SITUAŢIA ÎN CARE TITLUL EXECUTORIU CARE CUPRINDEA DEBITUL PRINCIPAL A FOST EXECUTAT INTEGRAL
THE DEBT-RELATED CLAIMS NOT INCLUDED IN THE ENFORCEABLE TITLE. THE APPLICABILITY OF THE ART. 628 PAR. (4) CIVIL PROCEDURE CODE IF THE ENFORCEABLE TITLE REGARDING THE PRINCIPAL DEBIT HAS BEEN EXECUTED IN FULL

Summary/Abstract: Art. 628 par. (4) Civil procedure code provides a simplified procedure for obtaining an enforceable title regarding the damages to which the creditor is entitled de iure, in the case he has failed to request them with the principal debit or has request them, but the court has failed to rule on the claim. The main feature of this simplified procedure is that its applicability depends mainly on the existence of a valid enforceable title for the principal debit to attract the damages to which the creditor is entitled de iure. In other words, the claim of the creditor submitted with the enforcement court requesting damages is admissible as long as there is an enforceable title for the principal debit. From this point, two situations can appear: (i) where an enforceable title regarding the principal debit does not exist (whether it never existed, or it existed, but was declared null and void or it was executed in full) in which case it is not possible to apply the procedure provided by art. 628 par. (4), or (ii) the enforceable title regarding the principal debit exists, meets all the conditions of validity, in which case the procedure provided by art. 628 par. (4) is a benefit for the creditor who does not have to resume the whole procedure for obtaining an enforceable title for the debt-related claims.

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