O fantomă bântuie Noul Cod civil: Acţiunea ipotecară
A specter is haunting the New (Romanian) Civil Code: actio hypothecaria

Summary/Abstract: Actio hypothecaria seems today just a vestige of a long-gone formalistic age – the age of (post)classical Roman Law. The sole occurrence of the concept in the New (Romanian) Civil Code looks like an out-of-time irrelevant pedantry. In this study, we try to show that the rich Roman jurisprudence could still be extremely useful nowadays for very worldly matters. By looking to the various theoretical issues raised by the actio hypothecaria as a species of in rem remedies, we discover forgotten solutions for current hot topics. From the autonomy of actio hypothecaria compared with other remedies (autonomy that was recently ascertained by the Romanian High Court) to the lack of any time barring period (as a mere consequence of its in rem nature), actio hypothecaria deserves a special study. This paper is just opening a debate that is absolutely needed today.

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