CONSIDERAȚII PRIVIND CADRUL PROCESUAL PENTRU CONSTATAREA PRESCRIPȚIEI DREPTULUI DE A CERE EXECUTAREA SILITĂ
CONSIDERATIONS ON THE PROCEDURAL BACKGROUND FOR FINDING THE PRESCRIPTION OF THE RIGHT TO REQUEST FORCED EXECUTION

Summary/Abstract: The correct establishment of the procedural background for finding the prescription of the right to request and obtain the forced execution by the court action is very important for the concerned person, as a wrong option may lead to the rejection of the action being deemed as inadmissible. The court vested with such an action – referring either to the injunction or to the declaratory judgment – by observing the availability principle, is obliged to decide only on the application with which it was vested, being deprived of the possibility to establish another procedural background. In case the forced execution was initiated not annulled, there being an active execution file to this end, the only capacity to pursue the proceedings for finding the prescription of the right to request the forced execution shall be only the contestation of execution. If the forced execution was not initiated against the debtor or it was rejected, annulled or lapsed (reaching the prescription deadline of forced execution), the procedural background for finding the prescription of the right to request the forced execution shall be only the declaratory judgment.

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