romanian english

Dan Constantin TUDURACHE: Undertaking registrations in the cadastral register by virtue of Court orders

Abstract: The property and the other real rights over a real estate are registered in the cadastral register based on the document through which they were validly constituted or transmitted. The final and irrevocable judgment or, in the cases stipulated by the law, the document of the administrative authority, will replace the agreement demanded in view of registering the real rights, if they are opposable to the holders. The cadastral register operations are achieved based on the judgment in several cases. There can be several types of judgments that have the role to replace the agreement of the holder of a cadastral registration right in carrying out some cadastral operations. These rulings either have a constitutive effect or which translates real rights, or they have a declarative effect regarding the extra-cadastral registration manners for acquiring the real right. The following must be mentioned: the decision which replaces the authentic document of amortization, the adjudication ordinance, the decision pronounced in the cadastral registration action, the decision pronounced in the action for rectifying the records in the cadastral register, the decision pronounced in the action of ascertaining the existence of a right acquired through adverse possession, the decision of rejecting the action in claim, on the grounds of acquiring the property right through adverse possession by the defendant. One of the situations in which we can order the temporary registration of the real rights under the condition of ulterior justifications, is that when there is the request of registering a real right by virtue of a judgment that remained irrevocable. The purpose of such a registration is represented by acquiring the faculty to decide, in favor of the third parties recognized through the judgment that is not irrevocable, under the condition of ulterior justification. Another case in which the registrations are made on the grounds of the judgments, is that of the sentence through which the complaint against the conclusion of refusal of the demand of registration in the cadastral register. The final and irrevocable judgment, through which such a complaint is solved, is communicated, ex officio, to the territorial office by the court which pronounced the last on the merits. The registration is carried out based on the judgment communicated by the Ex Officio Court if it is a constitutive or declarative judgment regarding a real estate real right.

Keywords: cadastral register, court decision, ex officio registration


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