ÎNCUVIINŢAREA EXECUTĂRII SILITE A UNUI CONTRACT DE CREDIT CÂND CEREREA ESTE FORMULATĂ DE CESIONARUL CREANŢEI. CARACTERUL DE TITLU EXECUTORIU
APPROVAL OF THE FORCED EXECUTION FOR A CREDIT CONTRACT WHEN THE REQUEST IS MADE BY THE DEBT ASSIGNEE. THE CHARACTER OF THE WRIT OF EXECUTION

Summary/Abstract: In this article the author presents the approval of the forced execution of a credit contract (when the request is made by the debt asignee) and the credit contract’s character of a writ of execution. The structure and contents of the article reveal commentaries regarding the possibility of the assignee to prevail from the character of the writ of execution of the credit contract, taking into consideration the relevant jurisprudence and the doctrine elaborated by important figures in the field of law (R. Rizoiu, R. Muşoi, L. Pop, C. Stătescu, C. Bîrsan, P. Malaurie, L. Aynès, P. Stoffel-Munck, I. Reghini, P. Vasilescu, J. Goicovici, L. Smarandache, I. Silberstein, L. Bercea, I. Turcu, T.B. Enoiu). In closing, the author argues for the point of view that when the creditor who asks for the approval of the forced execution of a credit contract is the assignee (following the closing of a assignment of debt with the institution who issued the credit), the request for allowing the forced execution must be rejected as groundless.

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