Judecătoria Sectorului 3 București, Sentința nr. 8460 din 17 iunie 2014 (Studiu de Caz)
București 3rd District Court, Decision no. 8460 dated 17 of June 2014 (Case Law Study)

Summary/Abstract: The article represents a commentary on case law regarding the mortgage on a claim, enforceable title, condition/term and the incidence of Law no. 85/2006. In the author’s opinion, the solution pronounced by the Bucharest 3rd District Court of Law is “profoundly wrong, since it violates flagrantly two fundamental principles: nemo plus iuris ad allium transfere potest quam ipse habet and res inter alios acta aliis neque nocere neque prodesse potest. Moreover, this judgment may be a positive signal for the initiation of an unlawful practice because the holders of disputed claims will no longer make the effort to appeal the courts for a judgment that is enforceable, but they will be able to set up mortgages on those claims and will pass directly to the forclosure of the contractual partner, even if the latter has justifiable reasons to refuse payment”.

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