Mai mult decât decăderea. Sancţiunea nerespectării regulilor de executare în materia ipotecii
Beyond forclosure. The sanction for non-compliance with the rules of enforcement in mortgage

Summary/Abstract: The study traces the cultural and legal roots of the institution of foreclosure starting from Roman law and going through the medieval transformations that created two divergent approaches on the two sides of the English Channel (and then the Atlantic). Based on this sketch of historical evolution, an attempt is made to determine the legal nature of the institution of foreclosure as belonging primarily to substantive law. Although modern treaties (on the Continent) place foreclosure rather in the area of procedural law, its historical sources are found in different areas of modern substantive law, even if they sometimes appear in disguise. Finally, these “discoveries” are applied in the matter (of enforcement of) the (movable) hypothec to see how the foreclosure operates in this particular area.

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