CONSIDERATIONS ON FORCED EXECUTION ON INCOME EARNED BY INDIVIDUALS
Autor (i): Nicolae, Grădinaru
Cuvinte cheie: forced execution, enforceable title, attachment, debtor, bailiff, interest, penalties.
Abstract:
Considering the principle according to which the forced prosecution of the goods should not lead the debtor to be unable to provide his means of subsistence, the legislator establishes in art. 729 of the Code of Civil Procedure, which are the limits of the pursuit of the money income. The setting of the limits for the pursuit of salaries and other regular income is done exclusively by reference to certain parts of them (one third or a half) without interest in the amount of the periodic income. In the lawyer's view, regardless of the type of debt or debt, and regardless of the amount of regular income, creditors will not be able to pursue more than half of the debtor's regular income. In this sense, it is also aligned. (3) of art. 729, which establishes the maximum limit of traceable income, when the amount of the debtor's income is less than the amount of the net minimum wage in the economy. In such a case, only sums exceeding half the amount of the net minimum wage in the economy can be traced. Therefore, irrespective of the claim, it will not be possible to track the monthly income of the debtor, the amount of which is less than or equal to half of the minimum income for the economy
Considering the principle according to which the forced prosecution of the goods should not lead the debtor to be unable to provide his means of subsistence, the legislator establishes in art. 729 of the Code of Civil Procedure, which are the limits of the pursuit of the money income. The setting of the limits for the pursuit of salaries and other regular income is done exclusively by reference to certain parts of them (one third or a half) without interest in the amount of the periodic income. In the lawyer's view, regardless of the type of debt or debt, and regardless of the amount of regular income, creditors will not be able to pursue more than half of the debtor's regular income. In this sense, it is also aligned. (3) of art. 729, which establishes the maximum limit of traceable income, when the amount of the debtor's income is less than the amount of the net minimum wage in the economy. In such a case, only sums exceeding half the amount of the net minimum wage in the economy can be traced. Therefore, irrespective of the claim, it will not be possible to track the monthly income of the debtor, the amount of which is less than or equal to half of the minimum income for the economy
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