Sistemul garanţiilor reale imobiliare în dreptul civil german
The system of property securities in the German civil law

Summary/Abstract: The scope of the present article is to present to the general public the relevant legal framework and the specific traits of mortgage in the German civil law. German law, the recipient of a strong Roman tradition, is, in most of its concepts and principles, tributary to its heritage. The coherence and clarity of Roman law is, however, attenuated by the ideas of the Germanic tribes. Each of these brought to the legal landscape a welcomed malleability of institutions, better adapted to practical life. Among these, perhaps the most important area in which this transformation has manifested itself is that of real property. Once the intrinsic value of real estate was recognised, the German spirit sought to find and impose the best mechanisms for its valorisation. Real credit is perhaps the most important barometer of a societyʼs state of economic development. Guarantee mechanisms, which are fundamental to this process, must ensure both flexibility and security. German law currently retains and uses innovative legal forms of security, which have been developed over the last 300 years. The present study aims to provide an insight into these mechanisms. It will start the prefigured analysis with a brief foray into the specifics of rights in rem in German law in order to identify a number of their particularities. In the following, we will illustrate these particularities in particular with reference to the rules of registration of rights in rem in the publicity registers, given that even security interests in rem follow the registration regime. In the following sections, the main focus of this study will be on the main forms of immovable property security interests enshrined in the German Civil Code: the mortgage and the Grundschuld. The last section will present the initiative to unify the law of security interests under the concept of the Euromortgage. Its relevance, although diminished in recent years, remains topical, and unification trends could be resumed at any time. At the same time, the Euromortgage model is inspired by German guarantees.

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