Înscrierea în Registrul Național de Publicitate Mobiliară – condiție pentru începerea executării silite
Listing in National Public Registry of Movable Assets – condition for the approval of the enforcement procedure

Summary/Abstract: Approximately eight months after Law no. 196/2020 entered into force, considering the fact that it has been applied by the courts in tens of thousands of case files, it would have been expected that the legal doctrine and the practice would have been oriented towards the uniform interpretation of art. 4 (3) from Law no. 297/2018, which has been introduced into the positive law by the Law no. 196/2020. However, presently, opinions are more divided than they had been when Law no. 196/2020 entered into force, because there is no consensus about the scope of enforceable titles for which this normative act was conceived. Dealing with a law that appears to lack legitimacy and which generates additional costs, the creditors are waiting for the Constitutional Court to intervene, hoping that it will clarify, even through a decision rejecting the objections of unconstitutionality, the path to be followed in interpreting and applying Law. no. 196/2020.

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