Considerations regarding the legal proceedings provided under Law no. 77/2016 on the giving in payment of immovable assets in exchange for the discharge of debts obligations undertaken by credits Cover Image
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Considerații privind procedurile judiciare prevăzute de Legea nr. 77/2016 privind darea în plată a unor bunuri imobile în vederea stingerii obligațiilor asumate prin credite
Considerations regarding the legal proceedings provided under Law no. 77/2016 on the giving in payment of immovable assets in exchange for the discharge of debts obligations undertaken by credits

Author(s): Nicolae Horia Țiț
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: giving in payment; notification; challenge; enforcement; mortgage;

Summary/Abstract: Law no. 77/2016 regarding the legal proceedings provided under Law no. 77/2016 on the giving in payment of immovable assets in exchange for the discharge of debts obligations undertaken by credits regulates a special procedure having as goal to discharge the debts arising from the loan agreements falling within the scope of this regulation. The article examines the legal proceedings regulated by this law, respectively the application by which the creditor challenges the fulfilment of the admissibility conditions of the procedure of giving in payment, the action by which the debtor requests the delivery of a decision standing for an instrument of giving in payment and the action by which the debtor requests the finding of the discharge of the debt as a result of the sale of the asset on which the security was set up in an enforcement proceeding.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 97-112
  • Page Count: 16
  • Language: Romanian