Jurisprudență referitoare la obligarea la daune morale a creditorilor care declanșează abuziv executarea silită
Case law regarding the liability for non-pecuniary damages of creditors who abusively initiate enforcement proceedings

Summary/Abstract: There are numerous court cases regarding the cancellation of foreclosures requested by non bank financial institutions, especially for the existence of abusive clauses in loan contracts or for the use of other abusive practices, including by requesting undue amounts. In some cases of this nature, material or other damages are caused to the persons contesting the enforced executions. Winning the lawsuits and returning the enforced execution is not always sufficient to repair the violation of non patrimonial rights. Awarding moral damages represents a way to satisfy injured persons, but also a deterrent to companies that frequently use abusive or fraudulent commercial practices.

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