Efectuarea actelor de executare silită în ipoteza decesului debitorului

Andreea TABACU

Andreea DRĂGHICI

Execution of enforcement acts in the event of the death of the debtor

Abstract

Starting from the non-uniform jurisprudence in the application of Art. 687 et seq. Code of Civil Procedure concerning the appointment of a special curator in order to initiate or continue enforcement, also due to the lack of clarity of the provisions on enforcement against heirs (Articles 687-689 of the Civil Procedure Code), this article aims to provide a number of clarifications on the matter and to outline possible solutions by reference primarily to the spirit of the regulation, to the intention of the legislator when drafting these rules.

Although it is logical to prohibit by procedural rule the commencement or continuation of enforcement in the event of the debtor's death until the subjective procedural framework has been clarified, a number of solutions must nevertheless be identified as soon as possible...