On the right to ownership under insolvency proceedings (Part I) Cover Image

Dreptul de proprietate în meandrele procedurii de insolvență... Este proprietatea un moft?!?(Partea I)
On the right to ownership under insolvency proceedings (Part I)

Author(s): Sergiu Golub
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: property rights; ownership; fiduciary property guarantee; assimilated operations; mortgage; leasing; reserve clause;

Summary/Abstract: If the notion of “property rights” had been a unitary concept, it would have been impossible, at least in theory, to apply a different legal regime within insolvency procedures. However, as we will attempt to demonstrate, this concept is sufficiently polymorphous to generate a series of various regulations, as far as propose judicial solutions are concerned. Firstly, we will attempt to list these regulations, as well as the solutions they propose. Later we will seek a “common denominator” and pursue a “conceptualization” of these varied solutions. The first part will include introductory notions, the legal regime of pure and simple property, sales, and leasing.

  • Issue Year: 77/2021
  • Issue No: 2
  • Page Range: 46-58
  • Page Count: 13
  • Language: Romanian
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