Obligation Guarantees in the New Romanian Civil Code

• Author: Silvia Lucia Cristea
• Position: Associate Professor PhD, The Law Department, Academy of Economics Studies, Bucharest
• Pages: 124-133

JURIDICA

124

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Obligation Guarantees in the New Romanian

Civil Code

Silvia Lucia CRISTEA

1

Abstract: This s tudy starts from the ana lysis of the juridical regime of the mortgage that “migrates”

from the sphere of the real rights towards the juridical regime of the receivables’ rights! The ar ticle

contains an analysis of the legal regime of the mortgage according to changes made by the new

Romanian Civil Code. This idea is supported by legisla tive arguments deriving from regulations of

the pledge in th e new Romanian Civil Code (sect. 2), of the mortgage (sect. 3), from the compar ison

with other similar juridical institutions (sect. 3). The conclusions explain how useful is to change the

juridical regime of the real guarantees and the international dimension of trade. The study is one of

the latest presentations doctrinal matter, with special insight into mortgage securities, lega l institution

whole new for the Romanian Civil Code. Despite the fact all the observations are theoretical, novelty

approach makes reading not only addresses their academics, and practitioners: judges, lawyers,

notaries.

Keywords: juridical regime; mortgage; New Romanian Civil Code

1. Generalities on the Regulations to Guarantee the Obligations in the

New Civil Code

The unification of the private law, according to the modern theory, and mainly of

the regulations pertaining to “commercial law”, influenced the matter of the

obligation guarantees. According to the new Civil Code, to unify the legislation on

obligation guarantees means to implement measures to speed up economic reform,

and to modify and complete the current solutions in the Civil Code and in the

special law aforementioned.

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Associate Professor PhD, The Law Department, Academy of Economics Studies, Bucharest,

Associate Researcher at the “ Andrei Rdulescu” Legal Research Institute of the Romanian Academy,

Piaa Roman Street, no. 6, Bucharest, Romania, Tel.: + 4021.319.19.00/217. Corresponding author:

silviadrept@yahoo.com. AUDJ, vol. 9, no. 2/2013, pp. 124-133