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Universul Juridic magazin

Forced sale of real estate in the context of the new Civil Procedure Code. Aspects regarding registration in the land register of forced execution acts and the ownership acquired through forced execution

The new civil procedure Code, perfecting the monistic concept started by the new civil Code, brings significant changes in the matter of forced sale of real estate as well, but, unfortunately, without such rules offering clear vision and precision, therefore lacking “the quality of law” , as the European litigation court has laid down this principle many times in the judgments against Romania. In the light of the new civil procedure Code, this study intends to perform a logical and systematic analysis of a fundamental institution in the matter of forced sale of real estate, in the context in which the new regulatory framework does not provide clear and predictable rules in this matter, and it also does not state clearly the steps to be taken for starting the procedure of forced sale of real estate.