The Power of a Penal Court to Submit a Request to Register a Tacit Mortgage

Abstract

The purpose of the article is to answer a question which evokes controversies in judicature, namely whether a given penal court has a power to submit a request to register a tacit mortgage. The Author claims that the answer should be positive as supported by the grammatical reading of Article 291 par. 1 of Code of Penal Procedure, which makes a reference to an ex officio security of a ruling. The recognition of the fact that a request to register a tacit mortgage can be only filed by a creditor makes the securement proceedings longer, and therefore gives a poorer guarantee of an effective execution of the ruling.