Apel împotriva încheierii de respingere a cererii de suspendare a executării silite. Motive temeinice în accepţiunea dispoziţiile art. 719 alin. (1) C. pr. civ. Analiza perspectivei vătămării intereselor ambelor părţi litigante (debitor-creditor) : DREPT CIVIL ŞI PROCESUAL CIVIL

Beatrix Yvonne-Vesna

Appeal against the decision rejecting the petition for stay of forced enforcement. Grounds within the meaning of Art. 719 para. 1 of the Civil Procedure Code. Analysis of the prospect of damaging the interests of both litigants (debtor-creditor)

DREPT CIVIL ŞI PROCESUAL CIVIL

Authors

Beatrix Yvonne-Vesna Author

Abstract

The fact that the court cannot examine in the petition for a stay of enforcement the possibility of a mutual set-off of debts, which will be examined in the appeal against enforcement, cannot justify the dismissal of the petition for a stay of enforcement. The court seized with a petition for a stay of enforcement can never examine the grounds put forward in the appeal against enforcement, which often also justify the grounds for the stay, as it would be premature. If the admission of the petition for a stay of enforcement were conditional on the ruling on the grounds for contesting the enforcement, the court could never admit such petition precisely because of the prohibition to pre-rule, which would be contrary to the purpose for which the provisions of Article 719 of the Civil Procedure Code were enacted.