Soarta cauţiunii achitate pentru suspendarea executării titlului, în condiţiile art. 638 alin. (2) C. Pr. Civ.
The fate of the bail paid for the suspension of the enforcement of the title, under the conditions of art. 638 par. (2) C. Pr. Civ.

Summary/Abstract: The debtor may obtain the suspension of execution until the resolution of the substantive action having as object the annulment of the executory title in the same conditions in which the suspension can be obtained until the settlement of the enforcement appeal. These conditions also include the one relating to the payment of a bail. The article examines whether such bail, once paid, will have the same procedural regime as in the case of the one paid for the suspension formulated in the enforcement appeal or if, on the contrary, the rules of common law apply to it. The consequences of this distinction are also analysed herein.

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