5. Hotărâre judecătorească care ține loc de act autentic de vânzare-cumpărare. Momentul la care se produce transferul dreptului de proprietate. Consecințe
5. Court order standing for authentic sale-purchase agreement. The time of transfer of the ownership right. Consequences

Summary/Abstract: The actions taken in a court order according to which it was found that a sale purchase agreement of an estate was concluded between the parties and which established that the judgment would stand for the authentic sale-purchase agreement are not enforceable, by their nature, as they could not be forcedly enforced and consequently, the provisions of art. 7208 of the Code of civil procedure of 1865 shall not be referred to with regard to them. Consequently, as the finding of an occurrence of a sale under a court order standing for an authentic sale-purchase agreement is not an enforceable provision, the possibility for it to be enforced as from the ruling of the judgment in the first court shall be excluded. Such an action may produce as of right the transfer of the ownership right; however, this effect is produced only when the decision becomes final, within the meaning of art. 377 para. (1) of the Code of civil procedure of 1865, when the authority of res judicata is given to it, by operation of art. 378 of the Code of civil procedure of 1865.

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