Titlul executoriu notarial. Noţiunea de creanţă în accepţiunea prevederilor art. 639 alin. (1) Cod procedură civilă

dr. NICOLAE SERGIU CÂRLAN*

* e-mail: sergiucarlan@ymail.com

Lector univ. - Universitatea "Bogdan Vodă" din Cluj-Napoca

Judecător - Tribunalul Cluj

ABSTRACT

The article analyzes the notarial enforceable title, with a focus on the interpretation of the notion of "claim" as provided under Article 639 paragraph (1) of the Romanian Code of Civil Procedure. Starting from the partial overlap of several legal provisions (Article 638 paragraph (1) point 3, Article 639 paragraph (1) of the Code of Civil Procedure, and Article 100 of Law no. 36/1995), we identified certain legislative ambiguities that have led to divergent case law.

We argue that the concept of a certain, liquid, and due claim, as certified by a notarially authenticated document, should not be limited solely to monetary obligations in order to constitute an enforceable title. It also encompasses other positive obligations...