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Mortgage Regulations In The New Romanian Civil Code. Practical Aspects

Author

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  • Silvia Lucia Cristea

    (Law Department, Bucharest University of Economic Studies, Romania)

Abstract

This study starts from an analysis of the juridical regime of the mortgage which "migrates" from the area of actual rights to the juridical regime of the debt rights! Legislative arguments sustain this idea, deriving from the regulations governing the mortgage in the new Romanian Civil Code (section 2), from the comparisons with other similar juridical institutions (section 3) and from practice (section 4). The conclusions explain the usefulness of the changing of the juridical regime of actual guarantees in international trade as well.

Suggested Citation

  • Silvia Lucia Cristea, 2012. "Mortgage Regulations In The New Romanian Civil Code. Practical Aspects," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 1(1), pages 96-103, December.
    • Handle: RePEc:sja:journl:v:1:y:2012:i:1:p:96-103
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    More about this item

    Keywords

    mortgage; new Civil Code; pledge; the patrimony of affectation; the fiduciary operation; the fidejussion;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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