17. Opozabilitatea clauzei de inalienabilitate. Contestaţie la executare
17. Opposability of the inalienability clause. Objection to enforcement

Summary/Abstract: By their objection to enforcement, the appellants requested the cancellation of the writs of execution recorded by the bailiff on the immovable property for which they had concluded a bilateral promise of sale and purchase, arguing that by that promise and by the entry in the Land Register, an inalienability clause had applied. Although the rule according to which the immunity from seizure cannot be opposed to prior creditors does not expressly result from the law, this follows from an interpretation of the provisions of Art. 627 para. (4), Art. 629 para. (3) and Art. 2329 para. (2) of the Civil Code. A per a contrario interpretation of the provisions of Art. 628 para. (4) of the Civil Code, it follows that where the inalienability clause has been provided for in a contract for pecuniary title, it is enforceable only against the subsequent creditors of the person bound by the clause.

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