Executare silită demarată de reprezentantul legal al minorelor care sunt creditoare ale creanţelor urmărite silit

Enforcement initiated by the legal representative of minors who are creditors of the claims pursued

Abstract

The creditor of the maintenance obligation owed by the respondent-appellant is not the mother, as the appellant claims, but the minor P.A.M. The mother is only the legal representative of this minor, with the right and obligation to assist her in exercising her rights and fulfilling her civil obligations. The possible withholding of the minor's identity card by the contestant does not preclude the application of Article 41(2) and (3) of the Civil Code, relating to the conclusion of legal acts by a minor with restricted capacity to act.

The drafting of the application for a declaration of enforceability shows that the aforementioned legal provisions were infringed with regard to the minor with limited capacity to act and, although she had the possibility of ratifying the...