About the substantiation of the security interest

AuthorIoana Cristina Pantu
Abstract: Unlike the Civil Code
application in different fields.
doctrine seems tributary to the o
general provisions, we would lik
new configuration, expands beyo
the asset and the lawmaker has, u
Keywords: security interest; mat
The Civil Code of 1864 di
of common law, but only
2012, p. 910) in different
and juridical case law whic
- “the right in rem which
obligation to return or deli
asset in their possession a
asset, pays the debt in the
- „a measure to ensure t
functioning as a case of sp
asset” (Adam, 2004, p. 637
- „a right in rem of imperf
movable or immovable as
Cristina PANTU1
de of 1864, the current Code includes norms of common law and
s. The current regulation is not beyond criticisms given that p
e opinions formulated according to the previous norms. Starting
like to point out that the subs tantiation of the security interest, i
eyond the existence of a material connection between the receivab
s, upon the preparation of the Civil Code, a broader vision.
aterial connection; legal connection; connection ex lege
1864 did not offer any definition of the security interest or
only regulated some particular applications (Morozan
nt fields. This omission was supplemented by the doc
hich formulated, among others, the following definitions
hich offers the creditor, at the same time debtor of
deliver the asset to another, the possibility to withhold
on and to refuse to return it until its debtor, creditor of
their charge in connection with such asset” (Pop, 1998,
e the fulfillment of the principal, a payment guarant
of special preference exercised over a determined indivi
, 2004, p. 637);
perfect guarantee according to which the person who has
asset of another person and which must return, has
AUDJ, vol. 10, no. 1/2014, pp. 10
About the Substantiation of the Securi
nd some
t part of
ing from
t, in this
able and
or rules
an ş.a.,
of the
ld such
or of the
1998, p.
ho has a
has the

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