Considerations on the im(possibility) of forced execution of goods directly and exclusively affected to the cult

Abstract

The aim in writing the present paper focuses on detailing forced execution of goods used as cult objects.

According to art. 27 paragraph 2 of Law 489/2006, sacred goods, respectively goods directly and exclusively affected to the cult, established according to their own statutes and reflecting the tradition and practices of each cult, acquired by title, are imperceptible and imprescriptible and can be alienated only under well-defined statutory terms specific to each cult.

We believe that a distinction should be made between indirect foreclosure in the form of real estate foreclosure - seizure and auctioning of movable property and real estate tracking - public auction and real estate foreclosure and direct foreclosure - in the form of forced transfer of movable and immovable property.

In the case of indirect foreclosure of cult goods considered imperceptible, we consider that they cannot be subject to foreclosure.

In the case of direct foreclosure, by forcible surrender of movable property and forced surrender of immovable property considered sacred property, we appreciate that they are not imperceptible and may be subject to direct foreclosure, in the event that they have been abusively confiscated by the state between 1940 and 1989, or whether they were taken over without proper titles.