The limits of the classification of goods în New Romanian Code civil. The strange legal regime of immaterial goods Cover Image
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Limitele clasificării bunurilor în Noul Cod civil român. Regimul juridic straniu al bunurilor incorporale
The limits of the classification of goods în New Romanian Code civil. The strange legal regime of immaterial goods

Author(s): Vlad Ionuţ Muscă
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: intangible goods; movable goods; immovable goods; securities; possession; book-entry form;

Summary/Abstract: The classification of goods starting from the main distinction made between the category of immovable goods and that of movable goods, with the quasi-total disregard of the category of intangible or immaterial goods, tends to no longer respond to today's economic realities. In this paper, I set out to analyze the historical evolution of this traditional classification of goods, existing both in the French Civil Code and in the Romanian Civil Code, but above all to explore its limits. We will observe, in this context, what are the consequences of the absolutely artificial classification of all immaterial goods in the category of movable goods, as, by law, it happens both under the terms of the French Civil Code and its Romanian counterpart. In this context, we will pay more attention to the situation of securities (shares, bonds, options). Finally, I will allow myself to make some proposals regarding the reclassification of goods starting from the priority distinction tangible goods – intangible or immaterial goods, the traditional classification movable goods – immovable goods to be applied exclusively to tangible goods.

  • Issue Year: 2023
  • Issue No: 01
  • Page Range: 115-122
  • Page Count: 8
  • Language: Romanian
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