Despre efectele adresei de înfiinţare a popririi asupra cursului prescripţiei dreptului de a obţine executarea silită

BIANCA-RODICA LUCA

Avocat - Baroul Timiş

ABSTRACT

Garnishment represents a core mechanism of enforcement proceedings, offering creditors an effective tool for the prompt realization of their claims. Although expressly regulated by law, this institution continues to give rise to considerable debate, particularly regarding the effects generated by the garnishment order within the enforcement framework, these being distinguished by their dynamic nature.

This study seeks to examine the effects that the communication of the garnishment order produces regarding the freezing of the receivable, as well as on the course of the limitation period applicable to the creditor’s right to obtain enforcement, while also considering the opinions expressed through the indirect mechanisms developed to ensure consistency of judicial practice.

The purpose of the analysis is, as far as possible, to...