CONSIDERATIONS ABOUT THE CERTAINTY OF THE CLAIM
CONSIDERATIONS ABOUT THE CERTAINTY OF THE CLAIM

Summary/Abstract: The certainty of the claim is provided as a trigger condition of enforcement proceedings. Romanian legislator has significantly changed the definition of the character of the claim by the new Civil Procedure Code (CPC), inextricably linking it to the enforceable title. A certain debt is the one whose unquestionable existence follows from the very title of execution. Therefore, in the absence of an enforcement title or order, we cannot speak of a certain debt. The article analyses this characteristic of the claim in the context of enforcement proceedings, given the definitions of the old and the new CPC. Also, considerations are expressed on the notion of uncontested claim by reference to two European instruments, namely Regulation 805/2006 creating a European Enforcement Order for uncontested claims and Regulation 1896/2006 creating a European order for payment procedure. The uncontested character of the claim is to be assessed differently in the two regulations, given their different purposes and the fact that only the European order for payment procedure itself is distinct from other national or European procedures. Finally, the condition of certainty claim is analysed in conjunction with other procedures or actions, such as the national payment order, oblique or actions against fraudulent conveyance (Paulian action).

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