Effects of the occupation by a third party in the real estate auction market

Characteristic of the main reasons for emergence of the register mistakes causing suspension of carrying out the state cadastral registration of real estate is given. It constrains processes of fixing of the rights for objects of natural and legal entities and also formation of taxable base. Sources of emergence of register mistakes and possible ways of their elimination or weakening of influence are described. This type of mistakes is made mainly by cadastral engineers in the course of cadastral activity. If the materials containing such mistakes are entered in the Unified state register of the real estate, then as the defendant both the cadastral engineer, and body of registration of the rights can act as the third party. In the course of elimination of register mistakes the court appoints the cadastral engineer who on the catalog of coordinates submitted by court fixes the problem taking place between the adjacent land plots. The practice of elimination of this sort mistakes in foreign countries which is that the cadastral engineer and also his close relatives in case of his death, bear responsibility within thirty years is shown. Recommendations about decrease in the causes of register mistakes are provided in the boundary and technical plans prepared by cadastral engineers.

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The Forced Sale of Real - Estate Property Aspects Regarding Procedure and Private International Law

Studia Universitatis „Vasile Goldis” Arad – Economics Series ◽

10.1515/sues-2015-0009 ◽

2015 ◽

Vol 25 (2) ◽

pp. 10-20

Author(s):

Daniela Cristina Cret ◽

Remus Daniel Berlingher

Keyword(s):

Real Estate ◽

International Law ◽

Civil Procedure ◽

Third Party ◽

Private International Law ◽

The Real ◽

The Real Estate ◽

Scientific Approach ◽

Estate Property ◽

To Receive

Abstract Indirectly enforcement is regulated by the Code of Procedure, as a form of enforcement, seeks the recovery of the creditor’s claim through valorization of the debtor’s property or the seizure of income that it has to receive from a third party. Collection action on real estate as a form of indirect civil enforcement is made by the forced sale of immovable property belonging to the pursued debtor, so that the pursuing creditor would cover the claim. In this scientific approach we will examine the issues of pre-sale formalities, the sale and auctioning of real estate property and adjudicating the real-estate property in the regulation of the Code of Civil Procedure, which came into force in February 2013, as well as in the provisions of private international law incidental in the matter.

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