Adjudecarea şi ultima şansă a debitorului pentru stingerea creanţei prin plată
Adjudication and the debtor's last chance to settle the debt by payment

Summary/Abstract: The Study, Starting from Decision No. 669 of 19 December 2024 Delivered by the Satu Mare County Court, analyzes the determination of the procedural moment until which the debtor may voluntarily pay the debt to prevent the forced sale of real property, an issue arising from the apparent contradiction between the provisions of Art. 703 para. (1) letter c) of the Civil Procedure Code, which establishes the debtor's general right to extinguish enforcement through payment, and Art. 863 of the Civil Procedure Code, which limits this possibility until the adjudication of the property. Through systematic interpretation of the applicable norms (Arts. 820, 824, 835 and 863 of the Civil Procedure Code), the research establishes the fundamental distinction between the auction minutes and the deed of adjudication as a declarative instrument that formalizes the pre existing legal situation. The study's conclusion, based on the applicable legal provisions as well as on the principles of legal certainty and good faith, identifies the moment of drafting the auction minutes as the temporal limit for the debtor's voluntary payment, thus ensuring the balance between the rights of the involved parties and the predictability of the forced execution procedure.

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