Soluţii în cazul neexecutării obligaţiei de a face ce implică un fapt personal al debitorului
Solutions in the case of non-fulfilment of the obligation to do involving a personal fact of the debtor

Summary/Abstract: The solution available to the creditor after the expiry of the deadline set in the formal notice, if the debtor refuses to perform the obligation, is to file a request ordering the latter to pay penalties. The penalties initially set cannot be enforced, because this amount of money is neither of a fixed amount nor due, the lawmaker providing that it is only after 3 months that the final amount which the debtor has to pay to the creditor as such will be set. Filing successive requests to set the final amount due by the debtor as penalties is not possible, so that, if the debtor refuses to perform the obligation and after the final fixing of the amount as such, the creditor will be able to claim compensation. The termination of enforcement is ordered pursuant to Article 891 of the Civil Procedure Code and may be ordered only after the final amount has been set as penalties by final declaration, the bailiff being bound to declare the impossibility of performing the obligation through a report, since the enforcement of this type of obligation ends only after the creditor has used all legal means made available to it by the lawmaker. If the creditor does not require the debtor to pay penalties, it is understood that it waives the enforcement so that, on the basis of the active role, the bailiff is bound to clarify the creditor’s attitude, in which case the termination of enforcement is ordered pursuant to the general provisions provided for by Article 703 para. (1) point 3 of the Civil Procedure Code, or superannuation may occur if the creditor remains passive to the bailiff’s request.

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