Abstract
In the opinion of the Supreme Court, the transformation of a commercial company into another commercial company results in the transfer of rights arising from an enforcement order so there is no need to issue a new warrant of execution. As a result, the commented judgment clarifies legal doubts and controversies which for a long time have been present in the judicature of common courts and the practice of enforcement authorities. In other words, it introduces a solution that is relatively clear and advantageous for creditors, according to which the application of Art. 788 of the Code of Civil Procedure is reserved exclusively for cases of "evident" transfer of rights and obligations and not only formal and legal changes of the same subject of civil law relations.