Drepturi potestative în materia garantării executării obligaţiilor
Potestative rights in the field of the guarantees of the execution of obligations

Summary/Abstract: In this paper we aim to analyze the way guarantees of the execution of obligations intersect and work together with the field of potestative rights. We will consider the guarantees of the execution of obligations in a broad sense, so, in this regard, we will refer to the creditor’s general rights over the assets of their debtor, derivative action, revocatory action [actio pauliana], personal surety, mortgage, pledge on movable goods and privileges. Therefore, we will try to demonstrate that potestative rights hold an essential and useful role in the field of guarantees of the execution of obligations, and that these, through the original manner in which they intervene in the content of guarantees, successfully manage to contribute in an dynamic and active way to an optimal and efficient execution of the guarantees, and, together they converge toward reaching the goal of the guarantees of the execution of obligations, namely the one of achieving the creditor’s claim.

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