Case of suspension of the release of the amount consigned or case of suspension of the enforcement proceedings?
The enforcement procedure, as the final stage of a civil litigation, is the creditor’s main legal remedy for obtaining the satisfaction of its rights if the debtor does not voluntary fulfill the obligations established in the enforceable title. However, an analysis from the perspective of both parties involved in the enforcement proceedings reveals that, for the debtor, the enforcement procedure is the last chance for the rejection of the creditor’s actions or for obtaining a procedural advantage, as the case may be.
Against this context, our colleagues, Oana Ionescu and Iunia Radu, prepared an informative overview of the provisions of art. 721 para. (4) of the Civil Procedure Code and the interpretations granted by the national courts invested with the resolution of cases having as object the enforcement procedure.
In terms of the legal effects arising from the regulation of art. 721 para. (4) of the Civil Procedure Code, the judicial practice and doctrine have developed different interpretations of these provisions, asserting that the text of law establishes either:
• a case of suspension of the release of the sums consigned,
• a case of suspension of the enforcement proceedings,
• both a case of suspension of the release of the sums consigned and a case of suspension of enforcement proceedings.
The article presents a summary of the most common interpretations crystallized at jurisprudential and doctrinal level on the legal effects of these provisions. The full articles is available HERE.
SIMION & BACIU’s Dispute Resolution practice proposes a sharp and genuinely diligent commercial judgment that enables our litigators to get to the heart of a business-related dispute. Details about our practice are available HERE.