ro fr
universul juridic magazin
Indexari internationale
CEEOL HeinOnline
Newsletter
Vreti sa fiţi la curent cu promoţiile Editurii Universul Juridic? Scrieţi mai jos adresa dvs. de email.
Aboneaza


Universul Juridic magazin

Considerations regarding the enforcement of other obligations to do or of the obligations not to do set forth by art. 903-909 of the NCCP

Recourse to the enforcement procedure may be necessary in case the debtor was obliged to act under an enforceable title or to refrain from a certain action. In the event of the non-enforcement of an obligation to do, the creditor may enforce itself, or may cause the enforcement of the obligation at the expense of the debtor, and in the event of the non-enforcement of the obligation not to do, the creditor may claim the court consent to remove or exclude what the debtor made with the breach of obligation, at the expense of the debtor. The main distinction between the enforcement of an obligation to do or not to do which may be fulfilled by another person (which does not concern a personal deed of the debtor), and the enforcement of an obligation to do or not to do, which may not be fulfilled by another person (concerning a personal deed of the debtor), shall consist in the possibility to apply a penalty in case of the latter, whose purpose is to defeat the debtor’s resistance and the fulfilment of its obligation, as well as the reparation of the damage caused to the creditor due to the debtor’s refusal to enforce the obligation which cannot be achieved by another person.