Operaţiunile asimilate ipotecilor privite ca titluri executorii. Particularităţi şi observaţii
Operations assimilated to mortgages regarded as enforceable titles. Particular features and observations

Summary/Abstract: This study examines the relation between the legal notion of transactions assimilated to hypothecs and the legal provisions on the hypothec agreement as enforceable title, in order to demonstrate that documents incorporating these transactions are enforceable titles and to illustrate some consequences and nuances of this thesis. In this respect, the study explains what a transaction assimilated to hypothecs is according to the Civil code, the conditions under which documents under private signature are enforceable titles and the extent to which the rules on hypothec agreements as enforceable titles may be imported in the field of transactions assimilated to hypothecs. The study also points out the limits and conditions for the enforcement of a claim secured by this kind of assimilated transaction. For this purpose, the theses of this study are also argued through reasoning that calls into question the tension between various rules of interpretation of the law.

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