Controversial issues regarding the enforcement of some enforceable titles, different from judgments Cover Image
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Probleme controversate privind executarea silită a unor titluri executorii, altele decât hotărârile judecătorești
Controversial issues regarding the enforcement of some enforceable titles, different from judgments

Author(s): Emőd Veress
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: enforceable title; lease agreement; loan agreement; assignment of receivable; security mortgage; limited liability company; shares;

Summary/Abstract: Enforceable titles form the basis of the enforcement. The main form of the enforceable title is the judgment; however, the law recognizes the enforceable nature for a series of other documents, aiming at specific purposes of legislative policy. The author examines three concrete issues related to these enforceable titles, others than judgments: whether the enforceable nature of the receivable of a credit institution or non-banking financial institution is maintained in case of assignment of receivable in favour of a third party; whether the lease agreement may represent an enforceable title not only for the rent payment, but also for getting back the leased asset; and finally, the limits within which the security mortgage agreements whose object is represented by the shares owned by the shareholders of the limited liability companies, may be enforced.

  • Issue Year: 2015
  • Issue No: 3
  • Page Range: 70-79
  • Page Count: 10
  • Language: Romanian