Renunțarea la executarea silită și reluarea executării silite. Implicații în planul prescripției dreptului de a obține executarea silită
Withdrawal and resumption of enforcement proceedings. Legal implications for the limitation period for the right to enforcement

Summary/Abstract: The principle of availability, a legal maxim governing civil proceedings as a whole, acquires a series of distinctive features in the context of enforcement proceedings. Although the concrete manifestations of this principle are similar both in the case of a declaratory action and in the case of an enforcement action, availability assumes varied dimensions during enforcement proceedings, demonstrating the specific and autonomous character of this phase of civil procedure.The main forms of this principle, which this article seeks to analyze, concern the creditor’s right to withdraw from enforcement proceedings and the right to request the resumption of enforcement, under the conditions prescribed by law.The article primarily examines the effects produced by these two expressions of the creditor’s will during enforcement proceedings, while also seeking to highlight potential shortcomings of the current regulatory framework, which may give rise to divergent interpretations, often to the detriment of the creditor. The analysis focuses on the practical impact of the applicable rules and emphasizes the need for a uniform and coherent interpretation aimed at ensuring the effective protection of the parties’ rights.The issues discussed include the differing approaches to the relationship between the termination of enforcement, due to the absence of attachable assets or the impossibility of their realization, and the creditor’s manifestation of will to continue enforcement against the debtor, which, as will be demonstrated, can take various forms.The article also seeks to highlight the implications that the different expressions of the creditor’s will may have on the course of the statute of limitations for the creditor’s right to obtain enforcement.

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