The High Court of Cassation and Justice, by the Decision no 42/2017, has established that in the case of an action for the declaratory judgment of the validity of a bilateral exchange promise, concerning assets that are liable to taxation and for the issuance of a decision standing for a notarized act, it is mandatory for the claimants to present a tax clearance certificate and fulfill all their obligations towards the local budget of the county in which the disposed asset is found, irrespective of the value of the asset.
ACTION FOR THE DECLARATORY JUDGMENT OF THE VALIDITY OF A BILATERAL EXCHANGE PROMISE, CONCERNING GOODS THAT ARE SUBJECT TO TAXATION AND FOR THE PASSING OF A DECISION THAT WOULD STAND FOR A NOTARIZED ACT
Moreover, the implementing of a bilateral exchange promise, by the passing of a decision that would stand for a notarized transfer document, proper for registration in the land register, cannot be acknowledged as a foreclosure procedure.
Issuer: the High Court of Cassation and Justice
Date: October 16, 2017