Necesitatea întocmirii încheierii de intabulare a dreptului de proprietate al adjudecatarului unui bun imobil
The necessity in drawing up the act that registrates the bidders right of ownership of an immovable property

Summary/Abstract: The forced sale of an immovable property represents the legal framework in which a participant in a public auction may acquire ownership of it. According to the provisions of the Civil procedure code, the participant becomes the owner by means of the adjudication and, through the registration, he acquires the right to dispose of the purchased property. In the existing legislation, the registration of the bidders right of ownership in the public land registry is made at the request of the court enforcement officer on the basis of the adjudication act, as a title of ownership, according to the procedure provided by art. 856 of the Civil procedure code. Prior to the amendment to Article 855 (856 after renumbering) of the Civil procedure code by Law no. 138/2014, this procedure was made by a provision of the court enforcement officer in a final settlement. Our current regulation seemes to have removed the need to draw up the act that registrates the bidders right of ownership and preserved a legal hypothesis specific to this operation in paragraph 3 of Art. 856 of the Civil procedure code, which can be referred to the entire text of the amended law. Thus, starting from the legal provisions regarding the registration of the bidders right of ownership in the public land registry and continuing with the analysis of the successive amendments to the legal provisions applicable in the matter, we shall set out the arguments for which we consider it necessary to draw up the act that registrates the bidders right of ownership.

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