Aspecte privind executarea silită împotriva moştenitorilor
Aspects of the enforcement against the debtor’s heirs

Summary/Abstract: The present study presents issues regarding jurisprudential aspects of the enforcement procedure against the debtor’s heirs, following the case laws review, in each of the two hypotheses: the first in which the debtor's death occurs before the commencement of the enforcement and the second in which the debtor's death occurs after the commencement of the enforcement.If the debtor dies before the bailiff is notified, no enforcement can be started, and if he dies after it has been started, it can not be continued as long as the inheritance has not been accepted by those called to inheritance or, as long as the curator of the succession is not appointed or, the special curator for enforcement. An analysis of the case laws and practical solutions of this aspect of the enforcement procedure is very useful in terms of application of Civil Code Procedure.

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