Daune-interese moratorii şi daune compensatorii în contextul întoarcerii executării silite

Jud. drd. Liviu Alexandru NARLĂ

Academia de Studii Economice din Bucureşti

ABSTRACT

The court’s disposition to return the forced execution, following the abolition of the enforceable title or the enforcement itself, leads to the creation of a new paradigm, in which the creditor of the forced execution, whose patrimony has increased, becomes the debtor of the obligation of restitution, to the debtor of the forced execution, who becomes - in turn - the creditor of the restitution obligation. The natural consequence of the solution of admitting the return of the forced execution requires the restoration of the previous situation, which will be fulfilled in the framework of the general provisions of art. 1635-1649 of the Civil Code. The actual method of restoring the previous situation fosters the analysis of different principles of civil law, with similar valences, but different effects, especially the...