Despre efectele adresei de înființare a popririi asupra cursului prescripției dreptului de a obține executarea silită
On the effects of the garnishment order on the course of the statute of limitations for the right to initiate enforcement proceedings

Summary/Abstract: Garnishment represents a core mechanism of enforcement proceedings, offering creditors aneffective tool for the prompt realization of their claims. Although expressly regulated by law, this institution continues to give rise to considerable debate, particularly regarding the effects generated by the garnishment order within the enforcement framework, these being distinguished by their dynamic nature. This study seeks to examine the effects that the communication of the garnishment order produces regarding the freezing of the receivable, as well as on the course of the limitation period applicable to the creditor’s right to obtain enforcement, while also considering the opinions expressed through the indirect mechanisms developed to ensure consistency of judicial practice. The purpose of the analysis is, as far as possible, to identify the main effects produced by the communication of the garnishment order, to highlight the manner in which they operate within enforcement proceedings and to determine the limits within such effects take place.

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