III. PRACTICA JUDICIARĂ COMENTATĂ Contestaţia împotriva publicaţiei de vânzare, procesului-verbal de licitaţie şi a tuturor actelor subsecvente. Cadru procesual necesar: intervenţia forţată a adjudecatarilor sau nu?
III. COMMENTED JUDICIAL PRACTICE Challenge against the notice of sale, the auction minutes and all subsequent acts. Necessary procedural framework: compulsory joinder of the successful bidders or not?

Summary/Abstract: The analysis focuses on four legal issues: the passive procedural framework in the challenge against the auction minutes, the nullity of the notice of sale for failure to indicate the valuation price, the obligation to publish in a newspaper at the third auction, and the proportionality of the interference with the debtor’s right of property. The material identifies a legislative gap in Article 849 para. 2 of the Civil Procedure Code, which regulates exclusively standing to sue, and argues for the necessity of bringing in the successful bidders as respondents, on the basis of the principle of adversarial proceedings. With regard to the express nullity laid down in Article 839 para. (1) letter g) of the Civil Procedure Code, it is argued that the mere possibility of a mathematical calculation does not constitute sufficient proof of the absence of the harm presumed by the legislator, especially when the adjudication price is eight times lower than the valuation price. The central conclusion of the study is that an isolated analysis of each procedural irregularity may lead to the validation of an enforcement which, viewed as a whole, constitutes an excessive burden for the debtor, incompatible with the requirements of Article 1 of Protocol No. 1 to the ECHR, as outlined in the case of Mindek v. Croatia.

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