Admissibility of the claim for intervention of creditors in the enforcement. The due and payable nature of the claim Cover Image
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Admisibilitatea cererii de intervenție a creditorilor în executarea silită. Caracterul exigibil al creanței
Admissibility of the claim for intervention of creditors in the enforcement. The due and payable nature of the claim

Author(s): Cristiana-Giulia Nistor
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: claim for intervention; intervening creditors; enforcement initiated by another creditor; enforceable title; right in rem; time limit for intervention; unenforceable claim; mortgage contract; late intervention;

Summary/Abstract: The purpose of this commentary is to analyze the issue of the enforceability of the claim in the procedure of creditors' intervention in the enforcement initiated by another creditor, with a focus on the relationship between the enforceability of the claim and the admissibility of the claim for intervention. The analysis aims at the systematic interpretation of Art. 691 et seq. of the Civil Procedure Code, in conjunction with the provisions of art. 666 of the Civil Procedure Code, in order to determine the conditions and limits of its exercise. At the same time, the analysis takes into account the recent solutions identified in the judicial practice regarding the applications for intervention made by the bailiff, at the request of the creditor, solutions that have generated an inconsistent practice and divergent interpretations in some cases, regarding the enforceability of the claim for the admission of intervention and regarding the deadline for filing the application for intervention, which will be analyzed in the present article.

  • Issue Year: 2025
  • Issue No: 04
  • Page Range: 43-51
  • Page Count: 9
  • Language: Romanian
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