Plângere împotriva încheierii de carte funciară. Imobil adjudecat la licitaţie publică. Condiţionarea intabulării dreptului de proprietate al adjudecatarului de plata de către acesta a impozitului

Complaint against the decision of the land registry. Real estate knocked down at public auction. Conditioning the tabulation of the ownership right of the successful bidder depending on the tax payment made by him

Abstract

It is true that the ownership right can be acquired as well, without any registration in the land register in case of forced sale, but its owner can dispose of his right only after its registration in the land register, as set forth in the provisions of art. 887 of the new civil Code, but the deprivation of the right to dispose constitutes an interference with the substance of the ownership right under art. 1 of the Additional Protocol. 1 to the European Convention on Human Rights.

The interference is prescribed by law, but there is no proportionality relation between the...