About the substantiation of the security interest

• Author: Ioana Cristina Pantu
• Pages: 103-111

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

451);

- „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

1

JURID

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

Interest

RIDICA

103

nd some

t part of

ing from

t, in this

able and

or rules

an ş.a.,

doctrine

tions:

of the

ld such

or of the

1998, p.

guarantee,

ndividual

ho has a

has the

103-111

urity