24 LUMINIŢA TULEAŞCĂ
rights and fundamental freedoms. The article stipulates the enjoyment of
assets:”any natural or legal person is entitled to the peaceful enjoyment of assets”.
According to the jurisprudence of the European Court of Human Rights, the
concept of assets includes all rights of patrimony, property and debt6; moreover, it
was decided that the “substantial economic interest” and even a “legitimate hope”
can be classified as assets under art 1 of the Additional protocol no. 1.
The German Civil Code (BGB) has an adverse approach: “everything that
arises from intangibility (rights) and things that cannot be controlled (air, clientele)
are not considered assets according to the BGB. What we consider intellectual or
intangible property is considered, by the German law, a non-property right that
offers no power over an asset because the asset does not exist”7.
An interesting thesis comes from the remarkable French doctrinaires Zenati
and Revet, who claim that an asset is any identifiable, isolable and useful entity
that is object of an excllusive relation8. For Zenati, property rights are not assets as
they are mechanisms allowing things to become assets9.
It is axiomatic that not things, but assets are of interest from a legal perspective
and, implicitly, for the analysis on patrimony because assets are those things that
can make object of a right of patrimony, right that is a component of the
In terms of the assets’ transformation, all things, i.e. physical realities (others
than people)10, become assets only when they are likely to be appropriated
according to the legal meaning11, i.e. are object of a right of patrimony.
Beyond doubt, only patrimony rights are considered and not money claims,
although both classes of rights are patrimony rights based on the arguments
6 According to the CEDO jurisprudence, a money claim is a patrimony value and classifies as
asset under art 1 of Protocol no. 1 to the Convention because “there is at least a legitimate hope to
recover the money”, ECHR decision of April 16, 2002, S.A. Dangevillec/France, Recuiel 2002-III, §48;
in all cases, a money claim is an asset according to the Convention only when it is determined under
an injunction enjoying a status of res judicata (EDH Commission, rap October 1, 1975, no. 5849/1972,
Muller C/Autriche, DR no. 3, p. 25 and the following: October 5, 1977, no.7459/1976, X c/italie, DR
nr. 11, p. 114 and the following), Apud. C. Bîrsan, Convenia european a drepturilor omului. Comentariu
pe articole, I, Drepturi şi liberti (denumit în continuare Co nvenia), Ed. All Beck, Bucharest, 2005, n. 526,
7 M. Boudot, Droit de biens, Plan du Cours, 2009, p. 3, available online at: http://droit.univ-
poitiers.fr/poitiers-roma/ (last view on July 23, 2015).
8 Regarding the exclusivity of the property right, see V. Stoica, Drept civil 2013, op. cit., p. 125 -
126; O. Ungureanu, C. Munteanu, Coninutul şi definiia dreptului de proprietate în lumina noului Cod
civil, in RRDP no. 3/2013.
9 See Frederic Zenati-Castaing, Th. Revet, Les biens, PUF Coll. Droit fondamental, 3e éd. 2008, p. 21,
note 2 and 3.
10 See R. Rizoiu, Ipoteca bunurilor incorporale: Cum urmreşti ceea ce nu vezi?, in Revista Român de
Drept Privat no. 4 /2015, available online at: www.idrept.ro.
11 See O. Ungureanu, Consideraii asupra noiunii şi definirii bunurilor, in Revista Român de Drept
Privat no. 3/2008.