Clauzele abuzive fac imprescriptibilă contestaţia la executare

Bogdan DUMITRACHE

executor judecătoresc

ABSTRACT

Entry into force of O. U. G. no. 58/2022 led, through an atypical technique of amending some norms of the Code of Civil Procedure, to the accreditation of an unusual solution in the enforcement legislation, but also in the procedural legislation in general.

There has appeared a type of enforcement appeal subject to the imprescriptibility period, which, both in relation to the traditionally established nature of the time limits for exercising appeals (limitation period), but also in relation to the duration, until the entry into force of the new regulation, the maximum possible deadline for formulating a challenge to enforcement (the duration equal to the limitation period for the right to obtain enforcement, in the case of "contestation of the title"), could only stress the creditors-professionals.

Ignoring the rules of transitional law in the matter of enforced execution, combined...