(Un)Follow the Rules: Competence to resolve the opposition to enforcement and the substantive defense Cover Image
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(Un)Follow the Rules: Competența soluționării contestației la executare și a apărărilor de fond
(Un)Follow the Rules: Competence to resolve the opposition to enforcement and the substantive defense

Author(s): Alin Speriusi-Vlad
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: enforcement appeal; substantive defenses; specific procedural means; material competence; abusive clauses; consumer; norm of competence; right to defense

Summary/Abstract: Despite the provisions of the Order of the Court of Justice of the European Union of 6 November 2019 pronounced in case C-75/19 MF against BNP Paribas Personal Finance Paris SA Bucharest Branch and Secapital Sàrl, there is still a reluctance on the part of the doctrine and legal practitioners to recognize the effectiveness of the consumer's right of defense at the stage of enforcement. The rule established by art. 713 para. (2) of the Code of Civil Procedure on the impossibility of invoking substantive defenses in the opposition to enforcement must be rethought beyond a rule of jurisdiction that controls access to justice for consumers, as long as the opposition to enforcement by its nature it is intended by the legislator to be resolved much more quickly than a common law action, the shorter settlement term being essential for the protection of consumer rights when it is enforced by the professional with whom he has entered into a legal relationship.

  • Issue Year: 2020
  • Issue No: 10
  • Page Range: 581-591
  • Page Count: 11
  • Language: Romanian