Evoluţia executorialităţii în doctrină şi jurisprudenţă

Rezumat

When the Civil Code entered into force in 2011, the legal nature of enforceability was modified. From a procedural power, or at least a power that was regulated by procedural law statues regarding foreclosure, it became a substantial law institution, one of the two faces of the material right to action.
In the legal doctrine, the debate regarding the nature and characteristics of the material right to action was relit after 60 years. Despite this doctrine, the decisions of national courts were divergent on issues of interpretation of the particularities of certain enforceable titles: the effect of the assignment of receivables, of the contractual subrogation, the enforceability of contracts perfected inter absentes, through electronic means of communication. Based on this doctrine, however, the High Court of Cassation and Justice has issued several mandatory interpretative decisions, through which it consolidated the substantial law nature of enforceability, forging a consistent concept in doctrine and jurisprudence alike.
The present paper analyses the 6 mandatory decisions of the supreme court in the 10 years that have gone by since the entry into force of the Civil Code on the issues of enforceability. In addition, there are dedicated sections on the other issues that were raised before the courts, in order to paint the full picture of the legal debates generated by enforceability in the last decade.
Keywords: Decision no. XIII of 20 March 2006; Decision no. 3/2014; Decision
no. 4/2014; Decision no. 60/2017; Decision no. 7/2018; Decision no. 23/2019; enforceability; material right to action; assignment of receivables; subrogation; invoice; enforceable titles; National Register of Mobile Securities.