Radierea notării măsurii asigurătorii a sechestrului penal din Cartea Funciară a unui imobil din patrimoniul unei falite

Andreea-Maria MAXIM

practician în insolvenţă, CITR Filiala Cluj SPRL

UNPIR Filiala Cluj

Abstract

Currently, deregistration from the land registry of the protective measure regarding seizure raises many problems in practice, mainly due to the lack of conformity of the applicable legislation (Law No. 7/1996, Criminal Procedure Code and National Agency for Cadastre and Land Registration Order No. 700/2014).

The legislator does not regulate clearly enough the de jure termination of seizure as a protective measure, the documents related to it and the qualified authorities in this matter. In order to highlight this, the study presents not only a case but also doctrinal considerations, on the assumption of acquittal of the defendant and the excessive steps that must be taken by the owner of the seized real estate in order to deregister a criminal seizure from the land registry.