ro fr
universul juridic magazin
Indexari internationale
CEEOL HeinOnline
Newsletter
Vreti sa fiţi la curent cu promoţiile Editurii Universul Juridic? Scrieţi mai jos adresa dvs. de email.
Aboneaza


Universul Juridic magazin

Theoretical and practical considerations in relation to the appeal against real estate auction report, entry in the land register and the effects of the adjudication act, according to the Code of civil procedure, as amended by Law no. 138/2014

Law no. 138/2014 brings substantial amendments to the real estate judicial foreclosure procedure, in relation to the possibility of bringing an appeal against the deeds performed at the end of the procedure, respectively regarding the entry in the land register of the successful bidder’s ownership right. According to the new regulation, the appeal against enforcement is not brought against the adjudication deed anymore, as this does not represent most often any reasons for annulment in itself, but against the auction report recording the adjudication; the appeal is entered in the land book. The entry in the land book of the successful bidder’s ownership right is directly performed, without being preceded by a provisional registration, based upon the adjudication act, which shall be issued as soon as the successful tender pays the price. The entry of the adjudication act in the land book shall result in automatically deleting the mortgages and real burdens, as well as all the notes taken in relation to the respective foreclosure, except the record of the appeal against real estate auction report. However, in practice, it is possible that the entry in the land book of the ownership right of the successful tenderer should be made before recording the appeal against the auction report. In case it is followed by a disposal, the record of the appeal shall not be made anymore, making it difficult to produce the effects of a possible solution of appeal admission. It is therefore essential, de lege ferenda, to set up the rule according to which the entry in the land book of the adjudication act shall be performed only after the expiry date of the appeal brought against real estate auction report, in conjunction with shortening this deadline from one month to 15 days.