DESPRE MIJLOACELE DE ACŢIUNE ALE CREDITORULUI. CONDIŢII, FORME, PRINCIPII
ON CREDITORS’ MEANS OF ACTION. CONDITIONS, FORMS, PRINCIPLES

Summary/Abstract: We will deal below with the two legal conditions expressly and imperatively required from a creditor so that such creditor may have the debtor fulfill his performance (coercively, if needed); such conditions must be fulfilled in all the cases when a creditor of an unperformed obligation intends to act against the debtor by means of any of the methods provided by art. 1.516 of the Civil Code. We hereby mean, firstly, the requirement that the debtor has no justification for the failure to perform his obligation and, secondly, the condition requiring that the debtor should have been previously notified for delay. Then, we will approach all the possible forms that our legal regulation sets for the enforcement proceedings for the benefit of a creditor, namely the execution for debt in kind (depending on the type of the unperformed obligation) and the execution for debt by equivalent; however, we will refer only to a creditor’s legal ways of foreclosure from the perspective of material law and not from that of our civil procedure law. Finally, after highlighting the practical and substantial means defining the right of requesting foreclosure and, because, on other occasions, we have detailed the main alternatives provided by art. 1.516 of the Civil Code (that is contract rescission / termination or, where applicable, a reduced performance), we must reiterate that the same article states at the end that a creditor that is unhappy with his debtor’s attitude may also use any other ways provided by law to obtain the right he claims; we will find out in this paper what these ”other ways” are.

• Details
• Contents