Continuarea procedurii de executare silită imobiliară deşi debitul a fost achitat înainte de data transferului dreptului de proprietate la adjudecatarul care are şi calitatea de creditor.
Continuing the real estate enforcement proceedings, although the debt has been settled prior to the date of transfer of ownership to the successful tenderer, also acting in the capacity of creditor.

Summary/Abstract: In its judgment, the European Court of Human Rights ruled upon the violation of Article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, given the particular conditions of the case in which the successful tenderer of the real estate was even the pursuer, and the debtor has settled the debt in full prior to the date of transfer of ownership and completion of the enforcement procedure. The presentation of the judgment is accompanied by a commentary posing the possibility of a similar situation arising in the Romanian legislative context, especially given the fact that there are different opinions in doctrine and case-law with regard to a core issue of the case, namely the time of transfer of ownership of the real estate pursued, raising questions as to the possibility of finding effective remedies to avoid a situation similar to the one retained by the European Court of Human Rights in its judgement.

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