Apel principal - apel incident. Tardivitatea contestaţiei la executare. Determinarea curgerii termenului pentru formularea contestaţiei la executare. Nesocotirea dispoziţiilor instanţei de control judiciar. Perimarea şi prescripţia executării silite

Main appeal - cross-appeal. Late submission of the appeal to enforcement. Determination of the time limit for lodging an appeal to enforcement. Failure to comply with the provisions of the judicial review court. Expiration and limitation term of the enforcement

Abstract

Given the nature of the enforceable title (a judgment) and the date of the payments relied on by the respondent-opponent, the Court holds that by relying on payments prior to the delivery of the judgment constituting the enforceable title and payments subsequent to the issuance of the title, but prior to the commencement of enforcement, the judgment in which the creditor's claim was determined tends to circumvent the res judicata nature of the judgment and the res judicata...