Un nou virus în procedura executării silite: înscrierea în RNPM a titlurilor executorii sub semnătură privată

Rezumat

The amendment brought by Law no. 196/2020 to the content of Art. 4 par. (3) of Law no. 297/2018 is a serious distortion of the role that certain institutions or legal categories should have (enforceability and publicity of moveable property), this negative results being the consequence of the fact that their forced removal was attempted. The correct interpretation and application of the provisions of Art. 4
par. (3), which we will develop in this study, require a historical approach, as well as a logical, teleological and systematic analysis, including from the perspective of the legislative technique norms and of the Constitution, in order to reveal, apart from the unconstitutionality defects, a possible rational meaning from a legal and economic point of view. Also, de lege ferenda, we consider that the lawmaker needs to amend the normative content of Art. 641 of the Civil Procedure Code, returning to the clear and unambiguous solution that the text establishes prior to the amendment brought by Law no. 17/2017.

Keywords: enforcement; moveable property publicity; enforceable title; recorded under private signature; binding nature; enforceability; information; public registry.