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Clarificarea noţiunii de titlu executoriu notarial
Clarifying the concept of notarial enforceable title

Author(s): George-Alexandru Lazăr, Nicolae-Horia Ţiţ
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: notarial enforceable title; Law no. 310/2018; appeal against enforcement; objection to the enforceable title; suspension of enforcement; enforceable nature; notarial deed;

Summary/Abstract: This paper approaches a controversial concept in the Romanian law, respectively the notarial enforceable titles, whose history and meaning have significant features. In anticipation of a regulation of this category of titles, first, we propose to place them in the current architecture of the enforcement. At the same time, the paper deals with the history of the institution, since the post-war period, depicting the tortuous road in its recent attempts of regulation. The article also emphasize the view of the Constitutional Court in relation to the notarial enforceable titles, the relation with the European law and the similar instruments existing in the continental law, as well as the essential features characterizing these titles. This paper also insists on certain practical matters of significant relevance in the context of adopting Law no. 310/2018, examining the effects generated in terms of possibility of suspending the enforcement initiated according to a notarial enforceable title and to the appeal initiated by the debtor against such type of enforceable title.

  • Issue Year: 2018
  • Issue No: 4
  • Page Range: 42-58
  • Page Count: 17
  • Language: Romanian