5. Decăderea. Particularităţi în materia contestaţiei la executare
5. Forfeiture. Particularities in the matter of appeals against enforcement

Summary/Abstract: Over time, appeals against enforcement have given rise to countless uncertainties stemming from the particularities of this institution, which have been felt in the practice of the courts, but were actually generated by theoretical confusion (like any other practical difficulty that gives rise to inconsistent approaches, stemming either from unclear regulations, misinterpretation, or a lack of correlation between various closely related provisions). In this paradigm, the purpose of this article is both theoretical, more precisely theoretical first, and practical, with reference to court case law and the concrete application of the initially established theoretical lines. Thus, starting from the institution of forfeiture in general, we will focus on the particularities of the matter of contesting enforcement, in an analysis targeting both the practical implications generated by non compliance with the applicable legal deadlines and the possible remedies for the forfeited party. At the same time, we propose to make a brief analysis of the special deadlines in the field of enforcement appeals, such as those provided for by Law No. 58 of May 1, 1934, on bills of exchange and promissory notes, and Law No. 59 of May 1, 1934, on checks. Continuing in the same vein, we will also analyze forfeiture in relation to unfair terms as regulated by Law No. 193/2000. Finally, we will draw conclusions from the specific analyses of these legal institutions.

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