Întoarcerea executării silite: aspecte teoretice și practice

Abstract

Within this scientific paper, the research object refers to the problem regarding the returning of the forced execution as it is expressed in the legis- lation of the Republic of Moldova. It reveals that, the returning of the forced execution represents the opposite situation of the fulfilled execution, it impose the creditor’s obligation to return to the debtor everything that was gained through the forced execution, taking into account that the le- gal obligation relationship between the creditor and debtor, based on which all the cashings were done was declared void, the avoiding of the restitution from the creditor’s side will create the situation of his unjust enrichment. Also it is done a thorough examination of the legal framework, conditions in which it takes place, limitation cases as well the procedure of returning of the forced execution. Not at least, this particular work treats some legal gaps and new law proposals for the improvement of the legal framework that regulate the returning of the forced execution.

Keywords

• executare silită
• titlu executoriu
• efectivitatea hotarârii judecatorești