Mijloace procesuale pentru invocarea prescripţiei dreptului de a obţine executarea silită
Procedural means for asserting the statute of limitation on the right to initiate enforcement proceedings

Summary/Abstract: The procedural means available to an interested party to assert the statute of limitations applicable to the creditor’s right to initiate enforcement proceedings are diverse and may take the form of either actions for performance or declaratory actions. In this study, the author aims to analyze the main procedural instruments used for this purpose, while also detailing their particularities, conditions for admissibility and legal effects. The study further aims to examine the jurisprudential divergences, including from the perspective of constitutional implications, with particular emphasis on ensuring compliance with the fundamental right of free access to justice, in order to highlight the crucial role of the statute of limitations in maintaining the legal balance between the parties and in protecting the debtor’s patrimony.

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