2012
The sale of real estate with a certificate of burden in the light of the New Civil Code- Ionuț-Florin Cofaru
Abstract: Over a century of incertitude in the field of land registration has a direct impact on the sale of real estate, given that one of the sine qua non conditions of the sale contract is to respect the ad validitatem form. In order to authenticate, it is necessary to check the real judicial situation of the estate, in this sense it is necessary to request a land book extract. Such a long period of incertitude makes us ask ourselfes the next question: What happens in the case of those real estates that do not have a land book opened? A legal alternative, in the case of those real estates which do not have a land book opened, is to request a certificate of burden. Is this mechanism still applicable once the New Civil Code came into force? The present paper tries to provide an answer to these questions.
Key words: sale, land book, real este without land book opened, land recordation, the New Civil Code
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