THE EFFECTS OF THE ASSIGNMENT OF THE DEBT WITHIN THE FORCED EXECUTION

Enforcement, considered as a component part of the civil process, must provide the participants with the guarantees they benefit from at the trial stage, obviously, adapted to the context and specificity of this procedure. The enforcement appeal represents the legal mechanism through which both the creditor and the debtor can submit to the analysis of the court, more precisely, the enforcement court, the irregularities produced in this procedural stage. The assignment of the claim that is the object of the forced execution produces specific effects in this procedural stage considering also the special regulations existing in this matter, determined by the specifics of the enforceable title underlying the request for enforcement. Taking into account the fact that the assignment of the claim determines the change of the creditor's person, it is understandable that the effects produced are major for the debtor, but also for the forced execution, viewed as a whole. Next, the institution of the assignment of the debt, as it is regulated by the Romanian Civil Code, will be briefly presented, but also its effects, in forced execution, by reference to the time when the assignment takes place and by reference to the notification or non-notification of the debtor regarding the assignment, in one of the ways provided by law.