17. Stabilirea termenului de restituire a împrumutului de consumaţie pe cale de ordonanţă preşedinţială
17. Establishing the term for repayment of the consumer loan by means of a presidential ordinance
Author(s): Cătălin LungănaşuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Consumer loan repayment period absence; Article 2162 Civil Code; Mandatory judicial term procedure; Visible intersection substantive procedural law; Injunction special procedure limits;
Summary/Abstract: In the case of the consumer loan agreement, the absence of a repayment period agreed by the parties opens the way to legal action under the special procedure of the injunction. The reference that the substantive law rule makes to the procedural law rules is a case of visible intersection between substantive and procedural law, much more accentuated than in most ordinary law situations. Such an assessment results from the fact that it is precisely the rule of the Civil Code that establishes the procedure to be followed, thus outlining both the specificity of the dispute and its limits, aspects that are duly captured by the case analysed in this article.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2026
- Issue No: 02
- Page Range: 139-144
- Page Count: 6
- Language: Romanian
- Content File-PDF
