Consideraţii privind determinarea cuantumului creanţei izvorâte dintr-un contract de credit bancar în vederea încuviinţării executării silite
Considerations regarding the determination of the amount of the debt arising from a bank loan agreement for the purpose of allowing enforcement

Summary/Abstract: In order to initiate enforcement, the creditor shall invest the bailiff with the application for enforcement, in which it shall indicate the amount of the pecuniary debt, as well as the manner in which it has been determined, based on the criteria included in the enforceable title, and attaching thereto, if necessary, documentary evidence to this end. The court will indicate the amount of the debt in the writ of execution; however, without being able to verify whether the determination made by the creditor is correct, as such verification is incompatible with the non-contentious nature of the writ of execution procedure. The wording of art. 628 paragraph (2) of the Code of civil procedure, which gives the bailiff the power of calculating “interests, penalties or other amounts” provided for in the enforceable title, could give rise to the impression that, in the case of bank loan agreements, it is necessary that the bailiff renders a decision by which this calculation should be made. The article starts from the analysis of the general conditions of the writ of execution procedure and of the particulars regarding the debt indicated in the writ of execution (1), and it continues by clarifying the obligations incumbent upon the creditor as regards the determination of the amount of the debt at the time the enforcement body is seized (2) and shall be completed by finding the specific nature of the determination of the debt in the case of bank loan agreements which involve a fund transfer, both in the case of the immediate fund transfer (in which case the loan agreement is of the nature of a consumption loan), as well as in the case of the loan facilities (where the loan agreement represents a unilateral preliminary loan contract).

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