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Universul Juridic magazin

The competition between the enforcement of conventional mortgage recorded in the land register and the seizure

In order to ensure the fulilment of civil, tax or criminal obligations, the lawmaker provided creditors and the State with the possibility to establish seizure. What happens, however, when the creditor initiates enforcement based upon a security interest on the property seized either by civil, tax or criminal action, prior to establishing the seizure? Is there a real conlict between the earlier security and the seizure stablished later or is it only apparent? As far as we are concerned, we believe the answer to this question is negative, since the protective measure of seizure cannot represent an obstacle to initiating and/or continuing enforcement, regardless of the matter in which it was established, and the reasons are developed in the analysis below. In order to answer to the above, we should start from the incidental rules, which apparently tend to be contradictory and to create a situation that is dificult to mediate in the matter of enforcement and/or protective measures, with a more detailed analysis of criminal seizure as regards its particularities and the general interest of the State to preserve its legally seized property for special coniscation, for ensuring the repair of damage caused by an offense or for enforcement of the ine penalty.