Executarea silită în natură a obligaţiilor

dr. IOAN ADAM*

* e-mail: avocatadam@gmail.com

Prof. univ. - Facultatea de Drept, Universitatea "Titu Maiorescu" din Bucureşti

ABSTRACT

In this study, the author shows that the civil circuit cannot be blocked in any way, it must "flow", regardless of whether the obligations of any nature, of their source, are executed voluntarily or, otherwise, their enforcement is required. If the obligation is not executed voluntarily, the creditor can resort to the legal means made available by law, meaning that he can ask for enforcement, by resorting to the coercive force, in order to force the debtor to execute his obligation, thus making effective the binding force of the obligation report. In principle, the enforcement is done in kind, because only in this way the creditor receives exactly the benefit, as it arose, which will lead to the satisfaction of his claim right.

The enforcement in kind is a form of direct execution or execution ad ipsam rem, which...