Някои практически аспекти при заличаването на възбрани

Резюме

This article provides brief analysis of the practical and legal difficulties faced by a third party who has acquired ownership of an immovable property via public sale and has attempted to strike off the preventive attachment, transcribed into the Property register after the mortgage on the basis of which the public sale has been carried out. The article considers two different approaches expressed in court practice regarding the resolution of similar cases. As a conclusion two options are suggested, on the basis of which a person concerned may initiate and strike off the discussed preventive attachments. Last but not least, a proposal de lege ferenda for improvement of relevant legislation is made.