LEGAL MORTGAGES CONSIDERING THE PRINCIPLE OF
EQUALITY OF THE PARTIES WITH REGARD TO CIVIL LAW Cover Image

LEGAL MORTGAGES CONSIDERING THE PRINCIPLE OF EQUALITY OF THE PARTIES WITH REGARD TO CIVIL LAW
LEGAL MORTGAGES CONSIDERING THE PRINCIPLE OF EQUALITY OF THE PARTIES WITH REGARD TO CIVIL LAW

Author(s): Mateescu Emilia
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: equality with regard to civil law; real right of real estate collateral; civil capacity; legal benefits;

Summary/Abstract: The Civil Code regulates the equality with regard to civil law, understanding bythis the fact that no factual situation that would fit one part of the civil legalrelationship into a social or professional category or any other similar situation willhave no effect on civilian capacity.Legal mortgages are real rights of real estate collateral, which the lawintroduces into the civil capacity of one of the parts of the legal relationship from whichthe secured mortgage receivable was born without the parties having agreed for thatpurpose.By creating some genuine security rights under the law in the civilian capacity ofthe person without explicit consent in this respect, the Civil Code creates legaladvantages for certain categories of civilian participants without foundation.

  • Issue Year: 20/2019
  • Issue No: 1
  • Page Range: 111-125
  • Page Count: 15
  • Language: English