Effect of the expiry of the limitation period of the right to claim enforcement proceedings. What else can be done after expiry of the limitation period of the compulsory enforcement by the creditor holding an order which is no longer enforceable? Cover Image
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Efectul împlinirii prescripţiei dreptului de a obţine executarea silită. Ce se mai poate face după împlinirea prescripţiei executării silite de către creditorul aflat în posesia unui titlu care şi-a pierdut forţa executorie?
Effect of the expiry of the limitation period of the right to claim enforcement proceedings. What else can be done after expiry of the limitation period of the compulsory enforcement by the creditor holding an order which is no longer enforceable?

Author(s): Paul Pop
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: enforcement; writ of execution; statute of limitation of the right to claim enforcement;

Summary/Abstract: The statute of limitation, either substantive or procedural, further generates debates at the doctrine level between the civil law specialists and procedural law specialists, at the same time generating a real practical concern. Besides the material right to action, the right to claim enforcement is also terminated under the statute of limitation. And for reasons of identity, similar considerations which interdict the holder of the material right to action to exercise its right from the judicial perspective, exclusively within the deadline provided for by law, shall be found as well, in the enforcement procedure, when the creditor, after obtaining a writ of execution, remains passive for a significant length of time, without enforcing it.That being said, in this study, we proposed to identify the legal solutions at the disposal of the creditor, assuming that its writ of execution was deprived of any enforceability.

  • Issue Year: 2019
  • Issue No: 3
  • Page Range: 68-75
  • Page Count: 8
  • Language: Romanian