Limitation term of the right to obtain enforcement. Applicable law. Interruption of the limitation period. The interruptive character of limitation term of the report of cessation of the enforcement drawn up by the bailiff due to the lack of the tracea

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

Both the request for forced enforcement and the other acts of forced enforcement drawn up in the enforcement file no. 230/2013 had the effect of interrupting the limitation term of the right to request the forced enforcement based on the loan agreement in the present case (Article 4052 paragraph 3 of the Code of Civil Procedure of 1865), not being in the hypothesis provided by Article 4052 para. 3 of the Code of Civil Procedure of 1865 ("The 
prescription is not interrupted if the request for enforcement has been rejected, annulled or if it has expired or was waived by the author"). 
Therefore, only from 30 August 2016, when the last act of enforcement was made in the enforcement file no. 230/2013, a new limitation term of the right to request the forced enforcement started to run for another 3 years and had not ended when the claim for forced enforcement was filed, following which the enforcement file no. 124/201 was formed.