Considerations regarding the amounts which cannot be pursued for any debts Cover Image
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Considerații privind sumele ce nu pot fi urmărite pentru niciun fel de datorii
Considerations regarding the amounts which cannot be pursued for any debts

Author(s): Silviu Dorin Şchiopu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: forced execution; limits of enforcement on income; garnishment; fully unattachable amounts;

Summary/Abstract: Nowadays article 729 paragraph (7) from the Romanian Code of Civil Procedure provides that special-purpose allowances, established by law, cannot be seized for any kind of debt. Also, in the case of garnishment, some categories of amounts listed in article 781 paragraph (5) from the same normative act cannot be subjected to forced execution. Therefore, also taking into account the recent jurisprudence of the High Court of Cassation and Justice as well as some elements of comparative law, this short study aims to analyze the evolution of the legal framework on these amounts which have a fully unattachable nature.

  • Issue Year: 2020
  • Issue No: 3
  • Page Range: 46-57
  • Page Count: 12
  • Language: Romanian