Considerații referitoare la Decizia nr. 60/2017, pronunțatã de Înalta Curte de Casație și Justiție, Completul pentru dezlegarea unor chestiuni de drept
Considerations related to Decision no. 60/2017, pronounced by the High Court of Cassation and Justice, the judicial panel for settlement of legal issues

Summary/Abstract: The High Court of Cassation and Justice has ruled it is possible to enforce a secured claim under a valid mortgage contract, which constitutes an enforceable title, even if the right of claim itself is not found in an act which, according to the legal provisions, would be an enforceable title.The decision is contrary to the principle accessorium sequitur principale, ignoring the form and nature of the principal contract, to the detriment of the independence of the mortgage constituted by an authentic contract, although the debt does not result from the mortgage contract.

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