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Universul Juridic magazin

Land registry operations in civil enforcement procedure in the light of the new perspective of civil procedure code

Land registration, in addition to ensuring enforceability of entries against third parties, is also a record that provides identiication of all real property belonging to an owner, thus allowing (tax or civil) enforcement bodies to know the debtor’s inancial situation, in case of property enforcement. Autonomous works or works added to the real property subject to enforcement, even if not recorded in the Land Register at the start date of enforcement, may be subject to enforcement. An autonomous work can be considered a new construction (even uninished) added to the land subject to enforcement, a plantation etc., and the added work can be an extension to the construction subject to enforcement. Both the former Civil Procedure Code, under art. 490, and the new Civil Procedure Code, under art. 814, expressly state that enforcement of real property is also extended by operation of law to the goods incidental to the real property, provided by the Civil Code, but incidental goods can only be enforced at the same time with the real property. As a novelty, the New Civil Procedure Code supplements the scope of incidental goods that can be enforced with the incidental beneits and revenues generated by the pro real property. When several real properties registered in the same or in different cadastre and land registration territorial ofices are enforced, for a debt secured by a collective mortgage, the request for recording the enforcement shall be submitted to the territorial ofice where the main mortgage is registered. After making all records provided by law, this authority shall send ex oficio a copy of its decision to the cadastre and land registration ofice where the secondary mortgage is registered.