Cancellation of debts and obligations in Romania - Quick Consulting

Extensive prescription

Elimination of debts or obligations is not possible, but extinct prescriptions may draw the ineffectiveness of the exercise of the coercive power of the state. That is, one who requests the court to execute an obligation or to make a payment after the deadline has been fulfilled; may be rejected. The person against whom the action is directed may claim the fulfillment of the term of the extinctive prescription.

Definition and regulation of extinctive prescription

– is that sanction that consists in extinguishing the material right to non-exercised term in time.

– Right to action means the right to constrain a person with the help of public forces. (exercise of the right by court)

-prescription can not be invoked ex officio even in those situations in which it would be in the interest of the state.

– any clause by which a right would have been declared imprecise, although prescriptive under the law, or vice versa, is prohibited.

-upon the fulfillment of the mandatory prescription period may refuse to execute the obligation.

-If the person who could not be compelled to execute, however, performs his obligation of good will not be able to claim the refund for the undue payment.

Principles of Extinctive Prescription Effect

1) With the extinction of the right to action on a principal subjective right, the right to access rights is also extinguished.

2) If a debtor is subject to successive obligations, a distinct prescription for each of these benefits will flow. Even if the debtor continues to execute one or more of the benefits due; unless the successive benefits form, by their purpose, as a result of the law or convention, a unitary one.

-prescription of the right to action on the principal claim does not attract the right to the right to the ipotacar action.

The scope of extinctive prescription

– Debt rights in principle are prescriptive

-rights to act on a patrimonial object are prescriptive unless the lege otherwise provides

-the actual accessory rights are subject to the extinctive prescription following the same rules as the main law besides which they are. The right of the mortgage is prescriptive only that it does not comply with the principle accessorium sequitur principale.

Prescription of the main real rights

1) Major real rights are subject to extinctive prescription unless the law otherwise provides

-the action in the real estate claim (the avulsion, claim of the property adjudged in the forced execution)

-action in claiming lost animals on another’s land

-the confessional action that seeks to defend the right of usufruct

– the action in defense of the right to administer the right of concession and the right to use free of charge

2) Non-writable rights:

-request action based on private ownership (unless otherwise provided by law)

-request action based on public property law

-action having as object the establishment of the right of passage on the background of the neighbor of the owner without any access route

-action sharing

– Negative action

– the confessional action by which a superficial right is defended

-activity in granite

-the heredity of heredity

Non-patrimonial rights

– the general regulation regulates that they are imprecise but there are exceptions regulated by law

Extensive prescription terms

– the general prescription term is 3 years

– There are numerous special prescription terms regulated by law

– the prescription leakage may be suspended by general or special causes; the term is interrupted throughout the case and resumed at the end of the case

– the prescription deadline may be interrupted; that is, the term is interrupted at the occurrence of the cause and when it is terminated, another prescription term

General causes of suspension

1) Between spouses during marriage

2) Between parents (curator) and those lacking in capacity for as long as protection lasts

3) Among persons who, through any act, administer or are administered the rights (goods)

4) In the case of the lacking capacity it is not represented

5) as long as the debtor hides the existence of the debt

6) for the entire duration of the negotiations if they have taken place over the past 6 months

7) If the law tutor is part of the armed forces and is in a state of mobilization

8) If the person against whom the prescription runs is in a state of impossibility of force majeure (temporary is calculated only for the last 6 months)

Special Suspension Causes

There are several cases covered by the Civil Code and other laws, for example:

1) The prescription does not flow against the heirs as long as they have not accepted the inheritance

2) He was not named a curator on the inheritance

Causes of interruption of prescription

1) By an act of execution or recognition

2) By filing a petition to sue

3) By establishing as a civil party in the criminal proceedings

4) by any act through which the one in whose favor the prescrp is flowing is delayed

5) In other cases provided by law