RISKS IN THE ENFORCEMENT OF ASSIGNMENT OF CLAIM ARISING FROM A BANK LOAN AGREEMENT

Calin Viorel Iuga ()
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Calin Viorel Iuga: Cluj Bar Attorney-at-Law

Perspectives of Law and Public Administration, 2016, vol. 5, issue 1, 47-53

Abstract: Identifying the risks generated in the matter of by the assignment of claim arising from a bank loan agreement following the review the of the court judgments delivered by courts within the Cluj Court of Appeal. The result of the study is practical, topical,with implications on the banking market in Romania of the practitionersidentified deem that the bank loan agreement loses its enforceability following the assignment of claim, and the novation of the assignee creditor during the enforcement did not occur.

Keywords: bank loan agreement; lack of execution order; lack of creditor capacity; cancellation of enforcement. (search for similar items in EconPapers)
JEL-codes: K12 K41 K42 (search for similar items in EconPapers)
Date: 2016
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