The statute of limitations for the right to obtain enforcement begins, in principle, from the date on which this right is created. In the case of judicial and arbitration decisions, the statute of limitations begins to run from the date of their final determination. As a rule, the term is 3 years, but it can be 10 years for titles concerning real rights. However, the statute of limitations does not operate automatically: the interested person must invoke it, and the calculation also depends on any legal causes of suspension or interruption.<\/p>\n
The relevant rules can be found in Articles 706\u2013709 of the Code of Civil Procedure. Articles 712 and 715 of the same code are also important for contesting enforcement. Next, we explain the general guidelines, without replacing the legal analysis of a specific case.<\/p>\n
The prescription concerns the creditor\u2019s right to obtain forced execution, that is, the use of the enforcement procedure to realize their right. The passage of time is important, but it is not sufficient to establish that a few years have passed since the issuance of a document.<\/p>\n
The starting point of the time period and the circumstances that could have influenced its course must be established. At the same time, the prescription must be invoked by the interested person. Therefore, the existence of a possible prescription and its utilization in the appropriate procedure are distinct aspects.<\/p>\n
This distinction is useful especially when the debtor receives enforcement documents regarding an older debt. The date on which the debt arose may be relevant for understanding the situation, but it does not answer on its own the question of whether the right to obtain forced execution is time-barred.<\/p>\n
According to Article 706 of the Code of Civil Procedure, the general time limit for the right to obtain enforcement is 10 years. 3 years<\/strong>. In the case of securities issued in the field of real rights, the term is 10 years<\/strong>.<\/p>\n Establishing the applicable term involves examining the title and the right to which it refers. It is not sufficient for a document to have a specific name or for the execution to concern a property: what matters is the legal situation reflected in the relevant documents.<\/p>\n Even after identifying the 3-year or 10-year term, the analysis is not complete. It is necessary to verify the starting point and determine whether, along the way, there have been reasons for suspension or interruption provided for by law.<\/p>\n The general rule is that the period begins to run from the date on which the right to obtain forced execution is born. Applying this rule requires identifying the relevant date in relation to the title and the concrete circumstances.<\/p>\n For judicial and arbitration decisions, Article 706 states that the time begins to run from the the date of their definitive stay<\/strong>. Consequently, when the title is such a decision, the date of its pronouncement must not be automatically confused with the date from which the prescription is calculated.<\/p>\n Checking the exact date is important because a seemingly small difference can change the result of the calculation. Equally important is that the period after this date be analyzed in light of the relevant documents and circumstances, not just by reference to the date of receipt of a summons or other enforcement action.<\/p>\n Articles 708 and 709 of the Code of Civil Procedure regulate the causes of suspension, namely the interruption of the limitation period. These can alter the assessment of the elapsed time, so that a simple calculation from the beginning to the present can lead to a wrong conclusion.<\/p>\n Suspension<\/strong> it concerns the temporary suspension of the course of prescription in the situations provided by law. The interruption<\/strong> It has a different effect on the calculation of the prescription. In both cases, the mere existence of a circumstance or a document is not sufficient: it must be verified whether the legal conditions for the effect invoked are met.<\/p>\n As for enforcement actions, one detail is essential: the interruption provided for by law does not occur if the forced execution was rejected, annulled or stayed, or if the creditor has renounced it. Therefore, it is not sufficient to establish that there was once an execution; it must also be verified what happened to that procedure.<\/p>\n The analysis may therefore require both the acts by which the execution began or continued, as well as the acts that result in the solution given to the execution or the creditor\u2019s renunciation.<\/p>\n Prescription not applied automatically<\/strong>. The interested person must invoke it, and the objection to enforcement is the procedural means relevant for contesting enforcement, under Article 712 of the Code of Civil Procedure.<\/p>\n The usual term for the formulation of the appeal is 15 days<\/strong>, According to Article 715, there is no single answer to the question \u201e15 days from when?\u201d. The beginning of the term depends on the contested act and the specific situation.<\/p>\n For this reason, it is risky to assume that the time limit always flows from the same date or that it begins anew upon receipt of each document. The date of communication, the contested act, and the circumstances of the case must be examined together. The existence of a claim of prescription does not eliminate the need to comply with the procedural conditions applicable to the challenge.<\/p>\n A useful analysis begins with identifying the title on the basis of which enforcement is requested. If it is a judicial or arbitral decision, the date of its final enforcement must also be verified.<\/p>\n Next, it is necessary to examine the executed documents received and the data to which they were communicated. These are relevant both for the analysis of the prescription and for determining the time within which the objection to the execution can be filed.<\/p>\n If there were previous enforcement proceedings, it must be verified what documents were drawn up and how those proceedings ended. A decision to dismiss or annulment the proceedings, the imposition of a lien or the creditor\u2019s withdrawal may be decisive for assessing the effect on the limitation period.<\/p>\n Keeping all documents and information regarding their communication helps reconstruct the chronology. In the absence of documents, the conclusion regarding the compliance with the deadline remains provisional.<\/p>\n The prescription for enforced execution is not determined solely by counting the years. The applicable term, the starting date, and any legal causes of suspension or interruption must be identified. In addition, the prescription must be invoked by the interested person, in compliance with the relevant procedural rules.<\/p>\n Before filing a complaint, consulting a lawyer can help verify the documents, the chronology, and the applicable timeframe for the specific situation. The information in this article is general in nature and does not constitute individual legal advice.<\/p>\n The general term is 3 years. For titles regarding real rights, the term is 10 years. The calculation also depends on the starting point, as well as on any legal causes of suspension or interruption.<\/p>\n In the case of judicial and arbitration decisions, the period begins to run from the date of their final determination, not automatically from the date of their pronouncement.<\/p>\n No. The prescription does not apply automatically and must be invoked by the interested person.<\/p>\n No. The interruption provided by law does not occur if the execution has been rejected, annulled or postponed, or if the creditor has withdrawn from it.<\/p>\n The usual term is 15 days. The starting date depends on the contested act and the specific situation, so it must be verified in relation to the documents received.<\/p>","protected":false},"excerpt":{"rendered":" Termenul de prescrip\u021bie a dreptului de a ob\u021bine executarea silit\u0103 \u00eencepe, \u00een principiu, de la data la care se na\u0219te acest drept. \u00cen cazul hot\u0103r\u00e2rilor judec\u0103tore\u0219ti \u0219i arbitrale, termenul \u00eencepe s\u0103 curg\u0103 de la data r\u0103m\u00e2nerii lor definitive. De regul\u0103, termenul este de 3 ani, dar poate fi de 10 ani pentru titlurile privind drepturi […]<\/p>\n","protected":false},"author":1,"featured_media":6647,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[177],"tags":[191,190,192],"class_list":["post-7409","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-drept-civil","tag-contestatie-la-executare","tag-executare-silita","tag-prescriptia-executarii"],"yoast_head":"\nWhen the deadline starts to run<\/h2>\n
Suspension and interruption of the prescription period<\/h2>\n
How prescription is invoked<\/h2>\n
Which documents and data need to be verified<\/h2>\n
Conclusion<\/h2>\n
Frequently asked questions<\/h2>\n
After how many years does the right to obtain forced execution become statute-barred?<\/h3>\n
Does the term begin to run from the date of the decision being rendered?<\/h3>\n
Is the prescription applied automatically?<\/h3>\n
Does a previous execution always interrupt the prescription period?<\/h3>\n
How long do I have for the appeal against the execution?<\/h3>\n