Constatarea prescripţiei dreptului de a obţine executarea silită intervenită în cursul executării silite
Determination of the expiry of the right to obtain enforcement occurred during enforcement

Summary/Abstract: This commentary aims to present recent solutions encountered in judicial practice regarding the prescription period for the right to obtain enforcement, which arose during enforcement proceedings and gave rise to inconsistent judicial practice, leading to diverse and contradictory interpretations. Thus, assuming (nevertheless) that the prescription period for the right to obtain enforcement also applies during enforcement proceedings, after the first enforcement document has been served, we will examine both the grounds for interruption and, in particular, the grounds for suspension of the prescription period, the latter being particularly relevant in practice during enforcement proceedings. Finally, we will analyze the effects of the solutions pronounced by the enforcement courts in the appeal against enforcement, which found that the prescription period had expired during the enforcement proceedings.

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