Limitarea dreptului privind suspendarea executării silite la cererea creditorului. Repere doctrinare şi jurisprudenţiale
Enforcement is essentially the creditor's ability to obtain the coercive force of the state, as an attribute of its sovereignty, in order to oblige the debtor to comply with those established for enforcement by an enforceable title. Starting from this desideratum, it is necessary to keep in mind that the forced execution belongs to the volitional factor of the Creditor. However, this volitional factor also implies conditions or limitations either of a legal nature or of a praetorian nature in the interpretation of the legal norms on the part of the bailiff or the court of execution. In the last category of this type of limitations it is necessary to keep in mind the situation of the requests for suspension of the forced execution formulated by the Creditors. AlthO.U.G.h it seems paradoxical, given that the interest of the debtor is to obtain quickly and in full the object of his claim, sometimes creditors make such requests. Usually, such requests are of particular interest, but cannot go beyond the good faith condition in their exercise. Therefore, at the level of jurisprudence, the question arises: what is the limit of the exercise of the subjective rights of the Creditors in the enforcement phase? The answer proposed by us to the analysis is a casuistic one, respectively by reporting to a concrete and factual analysis, starting from the legal landmarks and based on them.
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