HCCJ. The request for clarification of part of the judgment, with purpose of updating claim

The High Court of Cassation and Justice decided that, as is apparent from the provisions of art. 3712 par. (3) Civil Procedural Code (Art. 628 para. 3 of New Civil Procedural Code) in forced execution, the bailiff shall, at the request of the creditor, update the claim, even if the the update of execution title does not contain any criterion of update, in this case being applied the legal criterion as provided by law.

Therefore, for the inclusion in the judgment of the mention of updating the claim at the date of payment is not of any use in enforcement, as long as the executor will anyway proceed to update.

The High Court stated that the usefulness of such statements would be proved only by indicating the update criteria that the executor would have been obliged to comply. Also, the fact that, in recitals of decision was stated that the compensation will be updated to the date of payment, does not justify, by itself, the insertion in the device of the same statements. In this context, the High Court held that the decision device in question is clearly expressed and requires no explanation in terms of its scope. (Decision no. 337 of 31 January 2014 rendered in appeal by The First Civil Division of The High Court of Cassation and Justice, covering claims)

:: The source: JURIDICE.ro

Anda Laura TĂNASE

Related posts