Momentul producerii efectului translativ al dreptului de proprietate imobiliară în cazul pronunţării unei hotărâri care ţine loc de act autentic. Partea I – Fundamentarea
The moment when the real-estate ownership is transferred in the case of a judgement in lieu of a contract enforcing a pre-sale agreement. First part – the basic correlations

Summary/Abstract: The substantive law regulating the possibility for the courts to render decisions enforcing pre-sales agreements regarding real-estate have no stipulations as to the actual moment when the decision becomes effective by transferring the property from the transmitter to the acquirer. Identifying the moment of the transfer of property has as a premise that the legal institution of court decisions enacting sales agreements has a multi-disciplinary nature, and only the integrated research of both the effects from the point of view of civil law (including specific regulations for land books) and of judicial decisions, as regulated by Romanian civil procedure, may deliver a valid conclusion. Observing this institution in the aforementioned legal context, we conclude that from the very origins of this institution created by the legal doctrine and case-law development, the moment when the transfer of property takes place by means of a court decision can only be the moment when the first ruling on the merits has been issued (be it a first court decision, a decision of the court of appeals, or of the recourse court). This solution should be considered as a traditional and continuous one in the Romanian legal system, and will be revised only when the constitutive effect of land books registrations will enter into force.

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