Validitatea intabulării în cartea funciară a unei ipoteci legale, constituită ca urmare a încheierii unei promisiuni de vânzare-cumpărare sub forma înscrisului sub semnătură privată. Noua reglementare a Ordinului nr. 700/2014
The validity of the registration in the land book of a legal mortgage, created as a result of the conclusion of a sale-purchase promise in the form of a private signature. The new regulation of the Order no. 700/2014

Summary/Abstract: The entry into force of the New Romanian Civil Code has naturally led to a resettlement of legal institutions and real estate registration. We say naturally, because after many years of inconsistent jurisprudence, after many doctrinal disputes, the romanian legislator had a lot of inspiration sources in order to draw a complete normative act.However, the change, or better to say the adaptation of the other special regulations, is still continuing after October the 1st 2011. Thus, on 31st of August 2014 entered into force the Order no. 700/2014 of the General Director of the National Agency for Cadastre and Real Estate on the approval of the Regulation on authorization, reception and registration in the cadastre and land registry records. Romanian New Civil Code regulates a novel legal institution that is the legal mortgage of the promissory purchaser resulting from the promissory sale, for the price paid for the property which is the object of the promissory agreement. Order no. 700/2014 strengthens the legal form of the promissory agreement of sale, which can be validly concluded by a written act under private signature, and also creates a situation where the right to legal mortgage validly arises and can be registrated in the land registry, being constituted by a written act under private signature. The present study aims to analyze these provisions, identifying and arguing some conclusions.

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