標題: Currently nothing prevents the parties to [打印本頁] 作者: Roselin67 時間: 2023-12-28 18:44 標題: Currently nothing prevents the parties to
Apoint of view. Likewise the situation in which the building is affected by encumbrances is not regulated real rights usufruct housing etc. or even other guarantees constituted in favor of the same or another creditor for the building nor the one in which he has not paid maintenance debts. From the point of view of the succession in time of the legal relations it can be concluded that the legislator has expressly regulated the hypothesis in which the creditor has forcibly executed the mortgaged property and the execution continues for the remaining debt unpaid by the client.
Law no. gives the debtor the right to request the court to Country Email List establish the extinguishment of debts arising from credit contracts. The presented hypothesis offers a strong perspective on the retroactive nature of Law no. . Thus the sale of the building started and concluded before the entry into force of Law no. the new normative act adds an effect that was not foreseen at the time the sale was made namely the extinguishment of the main obligation.
The law of giving in payment attaches a new effect to a past event the sale of the property. Law no. not only establishes a way to extinguish obligations but essentially changes the legal relationship deriving from the contract by even changing the entire legal regime that was applicable at the time of the conclusion of the contract. Law no. restricts the property right and contractual freedom of creditors without any of the justificationspremises contained in art. of the Constitution. a credit agreement from at the time of entering into contractual relations agreeing that payment will be one of the ways to fulfill the debtors main obligation i.e. to return the borrowed money. The authors of the exception of unconstitutionality state that the protection offered by art. of the Constitution in correlation with the Convention for
