DISCUȚIE PRIVIND IEȘIREA UNUI BUN PE CALEA REZOLUȚIUNII DIN PATRIMONIUL DOBÂNDITORULUI SÃU CÂND ASUPRA ACESTUI PATRIMONIU S-A ÎNFIINȚAT SECHESTRUL ASIGURÃTOR

The termination of synallagmatic contracts with execution uno ictu represents a common cause in the judicial practice for the annulment of agreements which generates reinstatement of the parties in the former condition, by mutual restitution of the considerations executed by each of them. When the agreement is transferable of property, as consequence of the reinstatement of the parties in the former condition, the asset returns from the acquirer’s to the allienator’s patrimony, the latter having the obligation to return the delivered performance. In case a precautionary measure is established over the acquirer’s patrimony, such as distraint, the asset is frozen, thus being questioned if it can be discharged from the acquirer’s patrimony as consequence of termination. The author estimates that such thing is possible, because such discharge is not voluntary, but forced, as the pros and cons are detailed in the content of this article. Moreover, there is a series of procedural aspects that must be taken into account by the court of law invested with the settlement of such termination request.