Discuţie privind ieşirea unui bun pe calea rezoluţiunii din patrimoniul dobânditorului său când asupra acestui patrimoniu s-a înfiinţat sechestrul asigurător

COSMIN MIHĂILĂ*

* e-mail: crmihaila@gmail.com

Judecător - Judecătoria Galaţi

ABSTRACT

The termination of synallagmatic contracts with execution uno ictu represents a common cause in the judicial practice for the annulment of agreements which generates reinstatement of the parties in the former condition, by mutual restitution of the considerations executed by each of them. When the agreement is transferable of property, as consequence of the reinstatement of the parties in the former condition, the asset returns from the acquirer’s to the allienator’s patrimony, the latter having the obligation to return the delivered performance. In case a precautionary measure is established over the acquirer’s patrimony, such as distraint, the asset is frozen, thus being questioned if it can be discharged from the acquirer’s patrimony as consequence...