Suspendarea executării silite în situaţia notificărilor de dare în plată nelegale: efectul culpei grave sau al intenţiei legiuitorului(?!)
Suspension of enforcement in the situation of illegal debt to asset notices: the effect of gross negligence or legislative intent?
Author(s): Cristian David SamoilăSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: debt to asset; debt payment; gross negligence of the creditor; gross negligence of the debtor;
Summary/Abstract: The debt to asset is a legal mechanism by which a debtor transfers ownership of an asset to a creditor to settle a debt. However, there are situations where these notifications are made illegally, either due to non-compliance with legal formalities or for reasons of fraud. The article looks at the circumstances under which enforcement should be suspended in such cases. The focus is on the distinction between the effects of a party's gross negligence and the real intention of the legislator when it created these regulations.
Journal: Revista Română de Executare Silită
- Issue Year: 2022
- Issue No: 3
- Page Range: 23-33
- Page Count: 11
- Language: Romanian
- Content File-PDF
