Executarea obligaţiei ipotecare independent de executarea obligaţiei principale (prescrisă). Prescripţia dreptului la acţiunea ipotecară executorie. De la teorie la practică - speţă comentată

Av. Ştefan-Robert ŞTEFAN

Baroul Timiş

Enforcement of the mortgage bond independently of the enforcement of the main obligation (time-barred). Limitation period of the right to enforceable mortgage action. From theory to practice - case commentary

Abstract

The execution of the civil obligation, regardless of the nature of the obligation assumed, can be carried out by the (main obligation) or by mortgage guarantees (obligated accessory), voluntarily (naturally) or, in case of voluntary non-compliance, can be done on forced path.

The subjective right of the creditor (the right of debt resulting from the bank credit contract-the main enforceable title) must be used within the limitation period, otherwise the obligation is transformed into an imperfect one (the debtor cannot be forced to execute, having the...