Posibilitatea invocării existenţei unor clauze de natură abuzivă în cadrul contestaţiei la executare
The possibility to invoke the existence of unfair terms in the challenge on enforcement proceedings

Summary/Abstract: Numerous legal regulations in Romania and the European Union refer to the prevention and elimination of unfair terms from different types of contracts. The possibility to invoke unfair terms in the challenge on enforcement proceedings has determined divergent opinions in the literature and the case law. These opinions have also persisted after the passing of the new Civil Procedure Code determining legislative amendments, decisions of the Constitutional Court and opinions of the specialized legal bodies.In this context, the Court of Justice of the European Union has decided in Case C 75/19 that should the forced execution be based on an enforceable title other than a court judgment, the challenge on enforcement can also be filed after the expiry of the 15 day statutory time limit if the existence of unfair terms is invoked.

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