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Conditions for granting the grace period to the enforcement of the court decision

High Court of Cassation and Justice has ruled that, in order to qualify for a grace period or a rescheduling of obligations under execution titles, as determined by Ordinance no. 4/2011, the public institution must demonstrate that they have taken all necessary measures to make a voluntary payment and was unable to pay due to flow. In this case, the public body has not proved that the non-payment obligation was due to lack of funds, so its simple statements in that they have low income and in the future it may enter a default argument does not constitute grounds for admission application. The High Court also stated that, in accordance with ECHR, the right of access to justice would be illusory if a state law allowed a final and binding decision to remain inoperative to the detriment of one party being inconceivable that creditor’s right to acquire the uncertain and unpredictable nature, which may even affect its substance, as long as it offered reasonable explanations. (Decision no. 624/2012 pronounced in appeal of Section II Civil High Court of Cassation and Justice having as object intended to confer a grace period for enforcing the judgment)

>> The source: JURIDICE.ro

Daniela GHICAJANU

 

 

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