Acţiune în răspundere civilă delictuală împotriva terţului poprit. Inadmisibilitate. Existenţa unei căi speciale - validarea popririi

Civil action seeking civil liability against the seized third party. Inadmissibility. Existence of a special remedy - validation of attachment

Abstract

The creditor seeking enforcement can use validation of attachment in order to obtain the effect of an assignment of debt that transforms the seized third party into their own debtor. As a matter of fact, the legal nature of the said claim is the same as that of the civil tort action, while the cause of both said claims lies in the wrongful conduct of the third party in relation to the attachment during the enforcement procedure. Therefore, the creditor who has omitted to capitalize on this specific action during enforcement proceedings or has capitalized on it to no success will be deprived of the common law action, due to the relationship between the general law (civil liability in the Civil Code) and the...