Obligation Guarantees in the New Romanian Civil Code

This study starts from the analysis of the juridical regime of the mortgage that “migrates” from the sphere of the real rights towards the juridical regime of the receivables’ rights! This idea is supported by legislative arguments deriving from regulations of the pledge in the new Romanian Civil Code (sect. 2), of the mortgage (sect. 3), from the comparison with other similar juridical institutions (sect. 3). The conclusions explain how useful is to change the juridical regime of the real guarantees and the international dimension of trade

Obligation Guarantees in the New Romanian Civil Code

This study starts from the analysis of the juridical regime of the mortgage that “migrates” from the sphere of the real rights towards the juridical regime of the receivables’ rights! The article contains an analysis of the legal regime of the mortgage according to changes made by the new Romanian Civil Code. This idea is supported by legislative arguments deriving from regulations of the pledge in the new Romanian Civil Code (sect. 2), of the mortgage (sect. 3), from the comparison with other similar juridical institutions (sect. 3). The conclusions explain how useful is to change the juridical regime of the real guarantees and the international dimension of trade. The study is one of the latest presentations doctrinal matter, with special insight into mortgage securities, legal institution whole new for the Romanian Civil Code. Despite the fact all the observations are theoretical, novelty approach makes reading not only addresses their academics, and practitioners: judges, lawyers, notaries

Comparison between the legal regime of the extinctive prescription in Romanian civil law and fiscal law

This article analyses the institution of the extinctive prescription, first synthesizing the common law stated by the Romanian Civil Code (Section I) and then the special regulation given by the Romanian Code of Fiscal Procedure (Section II) in which we differentiate between the particular legal regime of the extinctive prescription in the area of the rights of claim (Section 2.1-2.2), in the area of the right to initiate the foreclosure (Section 2.3), and in that of the right to ask for compensation and restitution (Section 2.7). The comparison between the legal regime of the extinctive prescription in civil law and its regulation given by the fiscal law it is stated by the last section, structured into similarities and differences

The limited liability company in Romania versus the limited liability company in the Republic of Moldova

The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC) Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries