Scurte considerații privind radierea înscrierii sechestrului asigurator penal după vânzarea imobilului la licitație publică
Short Considerations Concerning the Definition of Registration of the Secretary of the Criminal Insurer after the Sale of the Property at the Public Auction

Summary/Abstract: The sale at public auction of the buildings affected by the mortgage and by a criminal seizure, instituted by ordinance of the prosecutor's office, raises in practice, especially at the County Offices of Real Estate Advertising, problems of interpretation of the legal provisions. The problem that arises is that of the competition between the forced foreclosure procedure started by a mortgagee and the institution of the insurance seizure in the criminal process. Regarding the courts, the practice was divided in the sense that a party considers that the forced execution and the forced execution acts can only occur after admitting an appeal based on the Criminal Procedure Code. Another part of the courts considers that the establishment of an insurance seizure on a good, does not represent a reason for suspending the forced execution. The cases regarding the legal suspension of the forced execution are expressly and limitingly provided by the law, and the establishment of a criminal seizure is not found among them. The general public interest is not protected if the mortgagee's debt is violated. Between the two, there must be a measure, a balance report, which is not realized if a privileged creditor is put in the situation of the impossibility of exploiting the right or until the settlement of a criminal trial.

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