Autor: Andra-Roxana TRANDAFIR

Publicat în: Revista Română de Executare Silită nr. 2/2020

Revistă disponibilă: aici

Abstract: The legal provisions of the Romanian Criminal Procedure Code on interim measures, as well as the ones of the Criminal Code on safety measures, especially confiscations, have to be sometimes interpreted in connection with the rules of the Civil Procedure Code on enforcement procedures. The paper aims to show the current status of the enforcement concerning immovable assets which were previously seized by the prosecutor or by the criminal court. Moreover, following a case which was judged by the Romanian civil courts, the paper will explain that the enforcement procedure can continue even if the immovable asset was confiscated and the current owner is now the State, if the creditor has a mortgage over the said asset.

Keywords: interim measures; confiscation; mortgage; enforcement procedure; immovable assets