A few comments on land registry obstacles and prohibitions stipulated in real estate mortgage contracts

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Abstract

The banking practice in Romania involves the insertion, in the documents stating real estate hypothec contracts, of clauses such as: “the parties request the public notary who authenticated the contract to register the hypothec in the land book, as well as prohibitions for assignment, encumbrance, detachment, attachment, construction, demolition, restructuring, arrangement, rental, conclusion of gratuitous loan agreement”.
In the following, we intend to examine the legal nature of the above mentioned prohibitions, in order to verify later whether or not their entry in the land register is reasonable. The conclusions issued will allow us to make more general remarks on land book obstacles.