Ce e prea mult strică: Despre eficienţă în sistemele de publicitate (i)mobiliară
On efficiency in recoding/filing rights in rem

Summary/Abstract: This paper is dedicated to a matter of principle: to what extent the efficiency could be used as an argument in designing a modern system of publicity for rights in rem. In other words: the reason for existence of a publicity system is to better serve the status quo or to incite the dynamic of new transactions being undertaken? In search for an answer, the paper looks to the relation between the need to offer information and the efficiency in modern law, by highlighting the differences between real estate recordation systems and personal property filing systems. In its final part, the paper identifies few general rules needed for the development of an efficient (personal property) filing system with a special emphasis on the recent draft law reform in personal property security filing purporting to transform current registries into a National Register of Personal Property Filing.

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