Sumare consideraţii asupra noii reglementări privitoare la darea în plată a unor imobile în vederea stingerii obligaţiilor asumate prin credite
Brief remarks on the new regulation regarding the giving on payment of some properties on redemption of the obligations settled under credits

Summary/Abstract: The article follows a relatively brief analysis of the main provisions of Law no. 77/2016, a normative act that will stir, undoubtedly, both appreciation and appropriate critism. Law no. 77/2016 has serious deficiencies in conception and even in drafting, ignoring the fact that, traditionally, the giving on payment involves the creditor’s consent. The acquisition of ownership and the redemption of the debts against the creditor’s will is unacceptabel and contrary to the foundations of the modern civil law. Another essential deficiency of the analysed regulation is the total ignorance of the constitutional principle of non-retroactivity of the law. And from this perspective, the declaration of such a provision as unconstitutional is inevitable.

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