I. JURISPRUDENŢĂ 1. Admisibilitatea instituirii concomitente sau succesive a sechestrului asigurător și popririi asigurătorii
I. JURISPRUDENCE 1. Admissibility of the simultaneous or successive seizure and attachment

Summary/Abstract: In the situation of the attachment establishment and in favour of another creditor whose debt has a very large amount, exceeding much the amounts existing in the debtor’s account at this moment, one could not appreciate any longer regarding the fact that the establishment of another precautionary measure, for which the legal requirements are met, would be excessive or abusive, as the purpose considered by the legislator was achieved in fact only by the establishment of the latter, by the regulation of the precautionary measures, that of providing the rights which are capitalized through action. The Court considers that under the circumstances in which the claim of seizure is put on trial in the first instance, according to art. 953 paragraph (2) of the Code of civil procedure, in closed session, without the summoning of the parties, and taking into account the devolutive effect of the appeal, which causes a new trial on the merits, the court of appeal holding de facto and de jure, according to art. 476 paragraph (1) of the Code of civil procedure, is able to rule also on the amount of the security, established by the court of first instance.

• Details
• Contents