THE FORCED EXECUTION OF THE OBLIGATIONS OF DOING AND NOT DOING
Autor (i): Nicolae, Gradinaru
JEL: K0 K3 K30
Cuvinte cheie: forced execution, penalty, cominatorial damages, summons, court.
Abstract:
If the debtor's obligation to perform the title consists in leaving the possession of a good, in the handing over of a good or in its use, or in evicting the debtor from a dwelling or other premises, in the destruction of a building, planting or other work or performance of any other activity established for the realization of the rights of the creditor and the debtor fails to fulfill his obligation of goodwill within the term stipulated in the summons, the creditor will demand enforcement in view of the circumstances of the case and the nature of the obligation being executed, the court of enforcement for the purpose of applying a penalty.
If the debtor's obligation to perform the title consists in leaving the possession of a good, in the handing over of a good or in its use, or in evicting the debtor from a dwelling or other premises, in the destruction of a building, planting or other work or performance of any other activity established for the realization of the rights of the creditor and the debtor fails to fulfill his obligation of goodwill within the term stipulated in the summons, the creditor will demand enforcement in view of the circumstances of the case and the nature of the obligation being executed, the court of enforcement for the purpose of applying a penalty.
Articol: Fisier PDF
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