Momentul de început al curgerii termenului de prescripţie a dreptului de a obţine executarea silită pornită în temeiul contractului de credit
The starting point of the prescription period for the right to obtain enforcement under a loan agreement

Summary/Abstract: The following brief analysis concerns an older legal issue, tangentially resolved by the High Court of Cassation and Justice in its famous Decision No. 13/2022 of 6 June 2022, pronounced in the Judges Panel for solving appeals in the interest of the law (published in the Official Gazette No. 907/September 15, 2022), namely the moment when the prescription period for the right to obtain enforcement begins to run, initiated by the creditor bank or the creditor assignee, under the loan agreement. Although the High Court of Cassation and Justice was called upon to examine a completely different legal issue, namely the temporal application of the law on the prescription period for enforcement, particularly in relation to mortgage enforcement, in its Decision No. 13/2022, the High Court answers a question that had previously given rise to diametrically opposed case law: when does the prescription period for enforcing a right under loan agreements start? Previous case law has provided inconsistent answers to this question. I believe that the intervention of the High Court, even through the "hidden" considerations of Decision No. 13/2022, is a good sign, but it risks going unnoticed by those involved in the justice process. I have chosen to present this legal issue today because it requires an urgent solution, as case law shows that the legal issue continues to give rise to inconsistent practice, even after the publication of Decision No. 13/2022.

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