Cerere de radiere a ipotecii. Invocarea compensaţiei legale în procedura înscrierii în cartea funciară

Mortgage deregistration request. Invoking legal compensation in the land register procedure

Abstract

In the administrative procedure for registration of the property right, the cadaster and real estate advertising office is not entitled to proceed with an analysis of the payment orders based on which the payment is claimed, with the consequence of canceling the mortgage.

In the event of the impossibility of obtaining the consent to cancellation given in authentic form, the solution is not to challenge the land deed decisions, while the land deed registrar does not have the competence to analyze the legality of the payment of the debt, but that of a direct action through which it is requested that the payment obligation is fulfilled, the refusal to consent to cancellation, with the consequence of canceling the mortgage by court decision.

The legal compensation must be opposed in a...