Legal Mortgage in favour of Seller and Fund Provider in the New Romanian Civil Code Cover Image
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Ipotecile legale ale vânzătorului şi finanţatorului în sistemul noului Cod civil
Legal Mortgage in favour of Seller and Fund Provider in the New Romanian Civil Code

Author(s): Alin-Adrian Moise
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: Civil code; legal mortgage; seller; fund provider; land book;

Summary/Abstract: In the light of the new Romanian Civil Code, the legal mortgage in favour of the seller and the one in favour of the fund provider share some similarities to the causes of legal preference regulated by art. 1737 sections 1 and 2 of the Romanian Civil Code of 1864 and art. 2374 sections 1 and 2 of the French Civil Code. However, in this article the author attempts to point out that, while the seller's preference enjoys a certain stability in the Romanian law and doctrine, the preference of the fund provider has a confusing regulation that complicates the situation of the person who offers a loan for the purchase of real estate and hopes to acquire a security interest that does not derive from a contract of mortgage.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 228-241
  • Page Count: 14
  • Language: Romanian