CONSIDERAȚII ÎN LEGÃTURÃ CU ÎNCUVIINȚAREA EXECUTÃRII SILITE A CONTRACTULUI DE IPOTECÃ

In this paper the author discusses whether a declaration of enforceability of the mortgage agreement is made by the court by way of absolving procedure (non-contentious) or, alternatively, via litigation. Based on fully reasoned arguments, it is concluded that, in this case, we face a contentious proceeding and not an absolving (non-contentious) one.