THE CLAIM SUBJECT TO ENFORCEMENT. CONTESTATION OF THE ENFORCEMENT OF A STATUTE-BARRED CLAIM. THEORETICAL CONSIDERATIONS AND PRACTICAL ANALYSIS OF AN ASSIGNED BANKING RECEIVABLE ARISING FROM A CREDIT AGREEMENT
THE CLAIM SUBJECT TO ENFORCEMENT. CONTESTATION OF THE ENFORCEMENT OF A STATUTE-BARRED CLAIM. THEORETICAL CONSIDERATIONS AND PRACTICAL ANALYSIS OF AN ASSIGNED BANKING RECEIVABLE ARISING FROM A CREDIT AGREEMENT

Summary/Abstract: This paper examines the relationship between the challenge to enforcement proceedings and the legal institution of extinctive prescription of the right to obtain compulsory enforcement, in the context of legal relationships arising from bank loan agreements subsequently assigned to debt collection companies.The analysis focuses on determining the commencement of the limitation period in cases where the loan is declared immediately due and payable (acceleration of maturity), as well as on the legal effects of the assignment of claims on the creditor’s procedural standing during the enforcement phase.The paper also highlights the implications of initiating enforcement proceedings after the expiration of the limitation period, particularly with regard to the validity of enforcement acts and the possibility of raising defenses through a challenge to enforcement. Furthermore, the research explores the interaction between substantive law and procedural law in the field of compulsory enforcement, with particular emphasis on the court’s role in reviewing the legality of enforcement measures in light of the extinguishment of the substantive right through prescription.

• Details
• Contents