THE BLOCKING POWER AND EXERCISING THE LIEN ON THE INTANGIBLE ASSETS
THE BLOCKING POWER AND EXERCISING THE LIEN ON THE INTANGIBLE ASSETS

Summary/Abstract: The contemporary authors observed the necessity to redefine the concept of „ detention” wishing to enlarge the field of application regarding the lien right. The result of this trend resulted in the apparition of a theory in the French doctrine which promotes the dematerialisation of this guarantee by including the good holding in a more extended notion, namely ”the blocking power”. The purpose of the approach was to create the premises for the application of the lien right over the intangible assets in order to respond to the current society needs for which rights over such goods represent a higher part from the patrimony of the law subjects, considering the fact that these became the derived object of a multitude of legal relations. Within this article, we propose ourselves an analysis of the French authors’ arguments which support such an approach over the good holding and the observance of the convenience to transplant this theory in the domestic law by reference to the provisions of The New Civil Code

• Details
• Contents