MORTGAGE REGULATIONS IN THE NEW ROMANIAN CIVIL CODE. PRACTICAL ASPECTS
MORTGAGE REGULATIONS IN THE NEW ROMANIAN CIVIL CODE. PRACTICAL ASPECTS
Author(s): Silvia Lucia CristeaSubject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: mortgage; new Civil Code; pledge; the patrimony of affectation; the fiduciary operation; the fidejussion
Summary/Abstract: This study starts from an analysis of the juridical regime of the mortgage which "migrates" from the area of actual rights to the juridical regime of the debt rights! Legislative arguments sustain this idea, deriving from the regulations governing the mortgage in the new Romanian Civil Code (section 2), from the comparisons with other similar juridical institutions (section 3) and from practice (section 4). The conclusions explain the usefulness of the changing of the juridical regime of actual guarantees in international trade as well.
Journal: Perspectives of Business Law Journal
- Issue Year: 2012
- Issue No: 01
- Page Range: 96-103
- Page Count: 8
- Language: English
