Cesiunea creanțelor bancare în faza de executare silită a debitorilor. Necesitatea parcurgerii unei noi proceduri de încuviințare a executării silite de către noul creditor
Assignment of bank receivables during the forced execution phase of the debtors. The need for a new procedure to approve the forced execution by the new lender

Summary/Abstract: The forced execution procedure is carried out in order to fully pay the creditor's debt, but within the limits provided by law. The contractual relations of banking law between the lenders - banks and the borrowers - natural persons, are based on the specific banking activity of lending. The impossibility of paying the credit rates creates the premise of the forced execution of the bank debtors by the banking institutions and, lately, by the companies having as object of activity the recovery of debts. The latter acquire the creditor status in the forced execution phase, as the assignee in a debt assignment contract concluded with the bank creditor. In view of the magnitude of the phenomenon of debt assignments having as assignee companies that have as object of activity the assignment of debt, it is necessary to identify a legislative instrument of protection of the rights of the debtors that are in a forced execution procedure by limiting the possibility of paying the penalizing interests and verifying the fulfillment of the legal conditions for the forced execution procedure through an obligation to go through a new procedure for approving forced execution.

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