II. JURISPRUDENŢĂ 1. Plângere împotriva încheierii de carte funciară. Imobil adjudecat la licitație publică. Condiționarea intabulării dreptului de proprietate al adjudecatarului de plata de către acesta a impozitului
II. JURISPRUDENCE 1. Complaint against the decision of the land registry. Real estate knocked down at public auction. Conditioning the tabulation of the ownership right of the successful bidder depending on the tax payment made by him

Summary/Abstract: It is true that the ownership right can be acquired as well, without any registration in the land register in case of forced sale, but its owner can dispose of his right only after its registration in the land register, as set forth in the provisions of art. 887 of the new civil Code, but the deprivation of the right to dispose constitutes an interference with the substance of the ownership right under art. 1 of the Additional Protocol. 1 to the European Convention on Human Rights. The interference is prescribed by law, but there is no proportionality relation between the protected public interest, consisting of the collection of taxes on real estate and the breached law, while the petitioner is not itself taxable, but the enforced debtor, the state resting with the obligation to pursue the collection of taxes and inclusively to intervene in execution proceedings for the recovery of its privileged claims, and its liabilities cannot rest with a third party being the holder of the ownership right according to law and which is not the debtor of the payment obligation.

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