17. Stabilirea judiciară a termenului. Poate fi termenul judiciar de executare a obligaţiei anterior hotărârii judecătoreşti?
17. Judicial determination of the time limit. Can the judicial deadline for enforcement of the obligation be prior to the judgment?

Summary/Abstract: Since the deadline for repayment of the loan has not been fixed, the provisions of Article 2.162 para. (1) of the Civil Code, which provides: „if no time limit for repayment has been agreed, it shall be fixed by the court, taking into account the purpose of the loan, the nature of the obligation and of the goods borrowed, the situation of the parties and any other relevant circumstances”. Since the defendant did not provide proof of repayment of the amount borrowed, the court considered the date of the parties' factual separation to be relevant to the case, but no evidence was adduced on that point. In these circumstances, in the light of the evidence in the case, the court made an equitable assessment, setting 22 July 2022 as the deadline for repayment of the loan, i.e. the date of expiry of the period of 15 days from the date of notification of the defendant by the bailiff. At the same time, the court held that the defendant should be ordered to pay the plaintiff the amount granted by way of loan, as well as the statutory penalty interest, from 22 July 2022 until the date of actual repayment.

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