CONSIDERATIONS ON CLASSIFICATION OF GOOD IN FUNGIBLE AND NON-FUNGIBLE
CONSIDERATIONS ON CLASSIFICATION OF GOOD IN FUNGIBLE AND NON-FUNGIBLE

Summary/Abstract: Article 543 (1) of the New Civil Code states that goods are classified in fungible and non-fungible. Fungible goods are determined by numbering, measuring or weighing, so that they can be replaced by other goods in performing an obligation [Article 543 (2)]. Based on a legal act a fungible good by its own nature can be considered non-fungible (3). This statement is welcome in the textbook of goods despite the fact that some authors consider that it should be placed in the law of obligations. From this point of view the Code followed on the special manuals and courses as well. The certain things or goods (individual) are in antithesis with things or goods of kind. Those things certain or determined by individual characters are not fungible with any other category of goods. Fungibility is constantly missing in real estate because even if they were alike they could not occupy the same place in space. For movable goods – it has been said – that if there are enough characteristics so that our senses may not make mistakes their fungibility seems a priori excluded. However the law remodeled the nature by human being’s utility and use or by the contractor’s intent more than by the physical fact given; therefore in distinguishing between fungibility and non-fungibility the commercial prevails and not the natural.

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