Radierea ipotecii imobiliare din cartea funciară
Removal of the real estate mortgage from the Land Registry

Summary/Abstract: The present study examines, from the angle of the notarial activity, the deletion of the real estate hypothec from the land register, which can bring a useful perspective, being known that most of the hypothecs that are registered arise through the authentication of contracts constituting such security interests. The article contains, at the beginning, discussions about the effect of deleting the hypothec from the land register, related to art. 56 of Law no. 71/2011, and then about the legal nature of the consent for deletion, as an abstract unilateral act of the hypothec creditor, and about the consequences of this qualification. In the sections that follow, certain practical issues are dealt with, such as: a) the situation in which the legal entity creditor has ceased to exist, but the security interest has not been deleted from the land register, nor do the corresponding documents for this operation exist; b) deletion of hypothecs on parts smaller than those with which it was initially guaranteed; c) the way of understanding and application of art. 885 para. (3) of the Civil Code.

• Details
• Contents