THE NOTION OF UNDUE PAYMENT OF THE AMOUNTS PAID IN RELATION TO THE COURT DECISIONS PRONOUNCED PURSUANT TO ART. 906 PARA. (2), RESPECTIVELY PARA. (4) CODE OF CIVIL PROCEDURE

Abstract

Analyzing art. 906 para. (2), respectively para. (4) Code of Civil Procedure, there are a series of legal aspects that have the potential to bring into question issues that may generate different opinions. Thus, the court decisions pronounced pursuant to art. 906 para. (2) Code of Civil Procedure do not have the character of an enforceable title, being, in essence, the last chance of the debtor to fulfill his legal obligations, before being obliged to pay an overall amount, based on a court decision pronounced under art. 906 para. (4) Code of Civil Procedure. As such, any amount paid prior to the existence of an overall amount determined and calculated by the court, represents an undue payment and will have to be recovered accordingly. On the other hand, it will be analyzed to what extent there is the possibility for the courts to establish penalties for delay even if the debtor executes his obligations within the legal term of 3 months. Also, the analysis of the prescription of the debtor's right to action, in the situation of paying unjustified delay penalties, related to the provisions of art. 906 Code of Civil Procedure, is definitely useful and possibly susceptible to different interpretations.

Keywords

• undue payment
• recovery
• enforceable title
• debtor
• overall amount