Privire asupra aproprierii creanţelor
Overview of the appropriation of claims

Summary/Abstract: The theme approached in this paper may seem unsolvable. However, our aim was not to resolutely assert that property over claims is a concept that cannot exist, but rather that it is a concept that we do not necessarily need, since we can appropriate claims as goods by means of other rights in rem (real rights), other than property. This presupposes, first of all, for us to accept that a claim can be regarded as a good, and this fact is possible in several ways: the good may be the result of the performance of the service to which the debtor was indebted towards their creditor, but the good may also be the right of claim itself, detached from the obligation relationship containing it. In the first case, the good – under the form of a service – enters the creditor’s patrimony on the basis of the right of claim which allows for the procurement of such benefit, and, in the second case, the right of claim is valorised distinctly from the result of the performance of the service. The latter may become the object of another patrimonial right which allows the owner to benefit from it by exploiting the utilities that the respective good procures. One may constitute a right of usufruct or mortgage directly upon the good-claim, without this implying the prior appropriation of the claim by means of the property right.

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