The plea of lack of standing to sue and the plea of limitation term in the context of enforcement

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The present case under analysis captures the procedural consequences of the assignment of the claim during the enforcement procedure, including the legality of the enforcement acts if the pursuing creditor cannot prove his active procedural capacity, but also the possible incidence of the institution of the limitation term of the right to obtain enforcement and the concrete cases that may lead to the interruption of the limitation term.

Procedural standing is according to Art. 32 para. (1) letter b of the Civil Procedure Code is a condition for bringing a civil action, which is also maintained at the stage of enforcement. If there is no concordance between the status of plaintiff and creditor, enforcement cannot be carried out.

According to Article 706 para. (1) of the Civil Procedure Code, the right to obtain enforcement is, as a rule, prescribed within 3 years, unless the law provides otherwise. The expiry of the limitation term may be prevented by the performance of an act of enforcement in the course of enforcement, as provided for in Article 709 para. (1), item 4 of the Civil Procedure Code, as was the case in this instance.