Practical difficulties in the case of several prosecutions against the same debtor − limits of prosecution Cover Image
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Dificultăţi practice în cazul mai multor urmăriri asupra aceluiaşi debitor − limitele urmăririi
Practical difficulties in the case of several prosecutions against the same debtor − limits of prosecution

Author(s): George-Alexandru Lazăr
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Article 729 of the Civil Procedure Code; limits of enforcement; several prosecutions; several enforcements; invoices; joint obligations; severable obligations; principle of singularity;

Summary/Abstract: The hypothesis of several enforcements against the same debtor became increasingly common because of the deficient management of patrimonial liabilities by such, and also because of the dilution of the principle of singularity of compulsory enforcement of the 1865 Civil Procedure Code. This work examines several specific hypotheses in which there is either a true or an apparent concurrence of compulsory enforcements, being; therefore, necessary to determine the number of enforcements in order to establish the limits within which the prosecution may be conducted. Article 729 of the Civil Procedure Code establishes a different limitation depending on the number of prosecutions, of 1/3 and, respectively 1/2 of the debtor’s income. Among the cases examined, there is the situation of a single debtor holding several enforcement orders, the case of the obligations whose enforcement is successive by their nature, the joint and severable obligations or the case of the invoices − enforcement orders.

  • Issue Year: 2019
  • Issue No: 3
  • Page Range: 40-50
  • Page Count: 11
  • Language: Romanian