ACTION IN TABULAR PERFORMANCE AND “ADVERTISING” OF THE LAND REGISTER

Abstract

In the procedures related to entries in the land register, the “publification” of private law entailed making the responsibilities entrusted to Romanian notaries public imperative. This means they are now required to directly supervise all the steps involved for making entries in the land register on the ground of the title deed instrumented by them. Thus provides art. 35 of Law no. 7/1996. However, affirming a more active role of the notary public in this matter visibly creates the context for a conflict with the mechanism of tabular performance actions. It seems indeed self‑evident that if the real estate registration formalities are no longer left up to the parties, the possibility of forcing them through judicial means into consenting the entry also loses its purpose. Nonetheless, the actions in tabular performance remain a useful piece in the gearing of the real estate market, even if only as a necessary valve for its operational irregularities.