Obligation Guarantees in the New Romanian Civil Code
Obligation Guarantees in the New Romanian Civil Code

Summary/Abstract: This study starts from the analysis of the juridical regime of the mortgage that “migrates” from the sphere of the real rights towards the juridical regime of the receivables’ rights! The article contains an analysis of the legal regime of the mortgage according to changes made by the new Romanian Civil Code. This idea is supported by legislative arguments deriving from regulations of the pledge in the new Romanian Civil Code (sect. 2), of the mortgage (sect. 3), from the comparison with other similar juridical institutions (sect. 3). The conclusions explain how useful is to change the juridical regime of the real guarantees and the international dimension of trade. The study is one of the latest presentations doctrinal matter, with special insight into mortgage securities, legal institution whole new for the Romanian Civil Code. Despite the fact all the observations are theoretical, novelty approach makes reading not only addresses their academics, and practitioners: judges, lawyers, notaries.

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