Considerente privind posibilitatea creditorului de a solicita executarea silitã prin echivalent, deºi executarea silitã în naturã este posibilã
Considerations regarding the possibility for the creditor to request enforcement by equivalent, although enforcement in kind is possible

Summary/Abstract: In this article, we analysed to what extent it is possible to obtain the enforcement by equivalent although the enforcement in kind is still possible and the contractual interest pursued by the creditor can still be fulfilled by the enforcement in kind. In this respect, we analysed the conditions that need to be met to order enforcement by equivalent. Then, we verified the extent to which these conditions are fulfilled in the premise scenario, in particular as regards the possibility for the creditor to prove the existence of certain damage, although it has the right to demand enforcement in kind. After that, we focused on the extent to which it can be considered that the principle of the binding force of the contract is infringed if the creditor demands enforcement by equivalent, even though it has the possibility to obtain even the performance stipulated in the contract. Similarly, we also tried to determine whether the desideratum of compliance with the principle of good faith operating in contractual matters may block a creditor’s request for enforcement by equivalent, although enforcement in kind is still possible.

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