Debtor's husband appeals against enforcement. Limitation of the analysis of the grounds of appeal in relation to the status of the appellant and the infringements which caused him damage. Lack of interest in invoking the harm for the debtor's spouse, who

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

The matter of law at issue in this case is to determine which grounds of challenge to enforcement may be examined by the court in relation to the status of the party invoking them.

The plea concerning the exemption of the asset from execution due to its special purpose could only be raised by the debtor G.A., who would have justified a legitimate and personal interest since the asset is listed as having been acquired by the individual law firm G.A., so that this plea cannot be analysed in the third party's challenge, which justifies an interest only with regard to the infringement of its share. In other words, this defence of the special purpose of the property could have been raised by the debtor by means of his own challenge to enforcement, but the debtor did not make use of this procedural means.

According to Article 712 para. (1) of the Civil Procedure Code, an appeal may be lodged by the parties interested in or harmed by the enforcement against the enforcement, against the decisions given by the judicial executor and against any act of enforcement.

Therefore, the Court of Appeal was right to hold that it could not consider the claim that the entire property should be exempt from enforcement in the third party's challenge to the assertion of an undivided share of the property, given that the debtor, who benefits from this, did not himself lodge an appeal to enforcement, even if he subsequently filed for remedies together with the third party spouse against the enforcement.