Comments on the Outstanding Debt, Liquid Debt and Due Claim in Romania
Comments on the Outstanding Debt, Liquid Debt and Due Claim in Romania

Author(s): Nicolae Popa
Subject(s): Constitutional Law, Civil Law
Published by: Scientia Moralitas Research Institute
Keywords: definite claim; enforcement; chargeable claim; enforcement conditions; enforceable title;
Summary/Abstract: On foreclosure, Romanian legislation lays down a number of requirements for its achievement. In this respect, the Code of Civil procedure stipulates the conditions that should be met by claims for their enforcement. In practice, foreclosure is performed in order to cancel the main claim and its accessories, like interests, penalties, other amounts granted according to the law, by an instrument permitting enforcement, and also enforcement expenses. In this paper, we intend to present issues related to the outstanding debt, liquid debt and due claim, as stipulated in article 663 under the Romanian Code of Civil Procedure, together with opinions and comments of the professional doctrine on the article mentioned above. Also, we brought up the legislative changes made on this body of law and we gave examples of matters in the national case law to describe various possible situations that could occur, in order to underline the special attention that must be given to the regulations on debt instruments, as it is a highly important and topical matter in Romania.

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