11. Termenul de exercitare a contestaţiei la executare din perspectiva clauzelor abuzive. Un tango între dreptul intern şi Curtea de Justiţie a Uniunii Europene
11. The time limit for an appeal to enforcement due to unfair terms. A tango between national law and the Court of Justice of the European Union
Author(s): Bogdan Alex ArghirSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: unfair terms; appeal to enforcement; hearing; Court of Justice of the European Union;
Summary/Abstract: The enforcement court is the supreme authority in matters of enforcement, as it guarantees, establishes and imposes the legality of the enforcement procedure on all other participants, taking into account the subject matter and grounds of the appeal to enforcement. Often, in the enforcement praxis, non jurisdictional enforceable titles are enforced, which opens the way for enforcement appeals in which consumers invoke the absolute nullity of one or more clauses in an enforceable contract title considered to be abusive, contrary to Law no. 193/2000. Given that the field of consumer protection, from the perspective of unfair terms, is as vast and challenging as it is topical, this study aims to highlight and analyze how the rulings of the Court of Justice of the European Union correlate with the provisions of domestic law, particularly in terms of the time limit for the exercise of the challenge to enforcement.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2025
- Issue No: 04
- Page Range: 397-410
- Page Count: 14
- Language: Romanian
- Content File-PDF
