Transformarea obligației de a face, care nu implică faptul personal al debitorului, într-o sumă de bani
Transforming the obligation to perform, which does not involve the personal action of the debtor, into a sum of money

Summary/Abstract: Part of direct enforcement, the performance of the obligations to perform and not to perform consists of two distinct situations, namely one in which the obligations are some intuitu personae and one in which we are dealing with obligations of fungible nature, i.e. those obligations that do not involve the personal action of the debtor. With regard to the latter, the legislator provided an extremely powerful remedy in case of non-execution by the debtor, enabling the creditor to obtain an enforceable title in the same enforcement file, without going through any other judicial procedure – minutes of the bailiff – to recover the value of the works not executed by the debtor. The procedural regulation, not necessarily novelty and, as useful, as difficult in interpretation under certain aspects, represents an instrument corresponding to the regulation of substantial law, provided in Article 1528-1529 of the Civil Code. The difficulties that determined us to deepen the subject are two, respectively, (i) if the minutes of the bailiff laid down in Article 903 para. (1) final thesis of the Civil Procedure Code may be issued subject to the execution or not of the works by the creditor or a third party employed by the creditor, respectively (ii) the insufficiency of the term established by the legislator after the summons, of 10 days only, for the fulfillment of the obligation by the debtor, in the particular case of complex obligations to perform.

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