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What Is Not Well Started by the Creditor, Can End Nicely For the Debtor in the Enforcement Appeal

Author

Listed:
  • Maria Dumitru-Nica

    (Associate Professor PhD, Faculty of Law and Administrative Sciences, „Ştefan cel Mare†University, Suceava)

  • Costina-Ștefana Pristavu

    (Attorney-at-law, IaÅŸi Bar)

Abstract

Capricious can prove to be the paths of the forced execution procedure especially when, from the premise situation of a creditor who starts a seemingly valid enforcement procedure, it quickly reaches an outcome opposed to the one he wanted, consisting in canceling the enforcement itself. The passage of time must keep alive the creditor's desire to see his right, recognized by the enforceable title, realised, and in some extreme situations, it must even impel him to act. Losing the notion of time, the creditor also loses the certainty that his wish will be fulfilled, and will assume, as a consequence, the risks supposed by such a procedural attitude. Speaking of the element „time†and placing this element on the legal stage, we are actually talking about the statute of limitations of the creditor's right to obtain forced execution. The present study aims to make a brief presentation of some aspects of practical interest regarding this legal institution - sufficiently effervescent, but which has been and still remains an useful tool for vigilant debtors - by reference to court solutions too.

Suggested Citation

  • Maria Dumitru-Nica & Costina-Ștefana Pristavu, 2021. "What Is Not Well Started by the Creditor, Can End Nicely For the Debtor in the Enforcement Appeal," European Journal of Law and Public Administration, Editura LUMEN, vol. 8(2), pages 82-94, December.
    • Handle: RePEc:lum:ejlpa1:v:8:y:2021:i:2:p:82-94
    DOI: https://doi.org/10.18662/eljpa/8.2/163
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    More about this item

    Keywords

    Forced execution procedure; enforcement appeal; credit agreements; statute of limitations;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law

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