Publicitatea mobiliară prin Arhiva Electronică de Garanţii Reale Mobiliare
Author(s): Radu Rizoiu
Registration of rights in the Electronic Archive for Security Interests in Personal Property
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Electronic Archive for Security Interests in Personal Property; chattel records; mortgages; other security devices.
Summary/Abstract: This paper presents the way the Electronic Archive for Security Interests in Personal Property (the Archive) can be used for facilitating diverse operations in a legal certainty environment. For looking into the utility of the Archive for the users of legal tools, several details on the place and scope of the Archive are presented and then the principles governing the publicity system organized around the Archive. Based on these points, the differences between publicity and knowledge are highlighted. In the end, the main effects of registration of rights in the Archive are explained, with a main focus on perfection of security interests in personal property. As the title suggests, may be too much, the accent is made on rights in personal property. It is explained that, on one side, the registration of rights in personal property could be made outside the Archive and, on the other side, some rights in real estate are mentioned in the Archive as well. Also, inexact understanding of the specific modality the Archive is functioning could result in applying rules imported from real estate registry system while different principles governing the two systems could create confusion. The Archive reveals itself as a basis for a complex system of perfection going way beyond the scope suggested by its name. However, the multiple aspects of various forms of publicity using the Archive are still waiting for a usage that matches their vast possibilities. The archive offers an answer that combines the advantages of a private and accessible system with a unique public database available to anyone. It should only be used carefully and with the observance of clear principles.
- Issue Year: 2013
- Issue No: 06
- Page Range: 114-175
- Page Count: 62
- Language: Romanian