ACTUL DE ADJUDECARE. BUNA-CREDINŢĂ A ADJUDECATARULUI STINGE EVICŢIUNILE?! (PARTEA I)
THE AUCTION DEED. THE GOOD FAITH OF THE SUCCESSFUL TENDERER EXTINGUISHES THE EVICTIONS?! (PART I)

Summary/Abstract: The auction deed issued within the foreclosure of a real estate is an act that enjoys a special legal regulation that in practice raises a series of completely different legal interpretations. The section in cause is part of a series of three. In this section we will present a series of theoretical and practical considerations regarding: (i) the legal nature of the auction deed (civil act or other type of act), (ii) the relevant provisions regarding the evictions directed against the successful tenderer, (iii) what we understand by exctintion of evictions, (iv) the date on which the extinction of evictions operates. In the following material, we will present: (i) the condition of good faith of the successful tenderer, as set out in the practice of national courts, (ii) the verification of good faith in a legal action against eviction, consisting of an action for invalidation of the juridical execution, (iii) the verification of the condition of good faith in a legal action against eviction, consisting in an action having as object the nullity of the auction deed as a result of the revocation of the deed of ownership of the enforced debtor, (iv) the verification of the condition of good faith in a legal action against eviction, concerning the recovery of possession of a real estate promoted by a third party, (v) the verification of the condition of good faith in a legal action against eviction (ex. legal action in simulation, legal action in adverse possession), (vi) the justification of the increased protection of the successful tenderer.

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