3. Penal versus civil – o dispută nerezolvată de către Înalta Curte de Casaţie şi Justiţie
3. Criminal versus civil – a dispute not settled by the High Court of Cassation and Justice

Summary/Abstract: The High Court of Cassation and Justice rejected as inadmissible the claim to rule a preliminary judgment for the points of law decided in relation to the forced execution initiated by a mortgage creditor regarding an immovable property over which precautionary measures are established subsequently, during the criminal proceedings, avoiding to rule on the merits regarding this issue which creates non-unitary case law and uncertainty in the civil circuit. Criticizing the position of the supreme court, this article brings convincing arguments in supporting the conclusions according to which the immovable property seized by the public prosecutor or by the court of law during the criminal proceedings may be turned to advantage by sale during the execution procedure carried on according to the Code of civil procedure, and in this case the initiated forced execution shall not be suspended, and the execution deeds subsequent to the establishment of the precautionary measure shall not be null and void.

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