Precautionary provisional measures – seizure

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

The case raises the issue of the possibility for the civil court that in virtue of the provisions of  Article 957 para. 1 of the Code of Civil Procedure it should proceed to lifting the seizure established by the prosecutor over the immovable property owned by the defendant, in the event where a final judgment was rendered in the criminal case, and the civilly liable 
party paid in full the debt for which the measure was established. 
Insofar as the payment of the debt for which guarantee the precautionary measure was established is relied on, the provisions of Article 908 of the Civil Code regarding the rectification of the registration in the land book could be applicable, and the prior filing of 
an action for lifting the seizure is not mandatory.