Operaţiunile asimilate ipotecii: strania lume a garanţiilor „fiduciare”
Mortgage-like transactions: the strange world of „fiduciary” guarantees

Summary/Abstract: The law assimilates certain transactions to the mortgage. This category includes contracts such as those containing retention of property clauses, repurchase agreements or assignments of debt entered into for security purposes. This assimilation – if necessary, established by the court – has important effects: the contracts in question will be subject to the legal provisions on the order of preference and enforcement of mortgages. These atypical guarantees are practically transformed into mortgages. The article analyses the reasons why the Romanian legislator opted for this solution, what the alternative solutions would have been and the effectiveness of the legal rule analysed.

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