Ratele neexigibile şi creanţele periodice – două problematici generatoare de confuzie şi controverse în materia obligaţiei de întreţinere datorate minorului
Non-due payments and periodic claims – two confusing and controversial problems in the matter of the maintenance obligation owed to the minor

Summary/Abstract: Life after divorce, especially if there are minor children resulted from the marriage, can become difficult and confusing. In the matter of maintenance obligations, which involve periodic payment instalments, the approval of enforced execution covers exclusively the payable instalments, i.e. those that have reached maturity. The non-due instalments, although circumscribed to the same claim, cannot form the object of the foreclosure approval, lacking one of the necessary requirements for the foreclosure to begin. Although, at the principle and material level, the claim is unique, it is made up of several successive obligations established for the debtor, each of which has its own individuality in considering the periodicity of the claim. With reference to periodic claims, in the category of which are also included those whose object is maintenance benefits owed to the minor, Art. 871 and Art. 884 of the Code of Civil Procedure regulates a procedure for establishing a global amount with which the creditor will be able to participate in the distribution of the amounts obtained from the pursuit. The mechanism assumed by the provisions of Art. 871 and Art. 884 of the Code of Civil Procedure takes on the legal nature of a preventive execution action, which, despite the fact that the creditor’s right and interest is not current, is intended to prevent the violation of the creditor’s right threatened by the risk that the assets remaining in the debtor’s estate after the execution or his income will not ensure future payment of due instalments. Under all the analyzed perspectives, we appreciate that in order to implement the procedure for the execution of periodic claims, there is no need for a new approval of the enforced execution.

• Details
• Contents