DISPOSSESSION OF ASSETS IN THE NEW ROMANIAN CIVIL CODE. COMPARATIVE LAW

This article deals with the legal status of pledge, in view of the new romanian civil code. Besides regulation, definition and subject collateral (section 1,2 and 3), the focus of the analysis is on the institution dispossession of assets, which marks the time difference between pledge and mortgage...

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Bibliographic Details
Published in:Perspectives of Law and Public Administration 2014-11, Vol.3 (1), p.73
Main Author: Cristea, Silvia
Format: Article
Language:English
Subjects:
Civil law
Collateral
Debt
Endorsements
Enforcement
Mortgages
Negotiable instruments
Provisions
Regulation
Remittances
State court decisions
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Summary:This article deals with the legal status of pledge, in view of the new romanian civil code. Besides regulation, definition and subject collateral (section 1,2 and 3), the focus of the analysis is on the institution dispossession of assets, which marks the time difference between pledge and mortgage (section 4).Original in the doctrinal approach is the analysis of pledge in different systems of law (French law and Canadian law, in section 5). If the purpose of the legislature was that the Roman civil pledge without dispossession come under the regulation of mortgage securities and dispossession remain at the borders of the Civil Code, we believe that achievement is threatened by the expansion of civilian collateral objectof pledge to the marketable securities, especially over the nominative one (forms synthesized in the conclusions of the article).
ISSN:2601-7830