Clauza de inalienabilitate (I)
The inalienability clause (I)

Summary/Abstract: In the absence of specific regulations in the 1864 Civil Code, the validity of the inalienability clause has been a source of controversy. The New Civil Code regulates the inalienability clause in articles 627 to 629, having as source of inspiration the provisions of the French Civil Code of the Province of Quebec. The inalienability clause is the expression of the principle of freedom of contract, respectively the freedom of testing, to which the lawmaker gives priority to the detriment of the principle of the free movement of goods. This study proposes to analyse the field of application of the legal provisions referring to the pactum de non alienando, the conditions of validity of the inalienability clause, as well as the compatibility of this clause with the legal mortgage, from the perspective of the antinomy between the free movement of goods and the freedom of contract.

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