PRINCIPALELE RAPORTURI EXECUȚIONALE EXISTENTE ÎN DREPTUL ROMÂNESC. PRIVIRE COMPARATIVĂ CU DISPOZIȚIILE LEGII NR. 134/2010 PRIVIND NOUL COD DE PROCEDUR
MAIN EXECUTIVE RELATIONS SET FORTH IN THE ROMANIAN LAW. COMPARATIVE APPROACH WITH PROVISIONS OF LAW NO. 134/2010 ON THE NEW CIVIL PROCEDURE CODE

Summary/Abstract: Executive relations established among creditor and debtor are not likely to exclude each other, when seeking the fulfillment of senior debt, secured by certain assets or other forms of guarantee, such as mortgage or pledge. The fact that a certain property is pledged or mortgaged in favor of the creditor does not preclude his admissibility to pursue other assets of the debtor which were not subject to the lien or mortgage contract, pursuant to the principle of general lien over the debtor’s assets, or to enjoy preference in pursuit of debtor’s secured patrimonial assets in the first place and of unsecured or unmortgaged assets in the second place. Lien or mortgage lends the creditor a certain preemption right only, preferential creditor’s claim exhaust preference over other unsecured creditors.

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