Aviz de garanţie reală mobiliară. Acţiune în constatarea nulităţii absolute. Condiţii şi efecte în raport cu natura juridică a avizului

Notice of pledge. Proceedings aiming to find absolute grounds for invalidity. Conditions and effects relating to the legal character of the notice

Abstract

The civil legal instrument represents the expression of one’s wishes submitted with the aim of producing legal effects, i.e. to bring forth, amend or extinguish a material civil legal relationship.

The notice of pledge is not a legal instrument, but a form of advertising with effects in terms of ensuring the pledges’ enforceability against third parties, a simple registration, by taking over the content of certain forms, with the purpose of making public the collaterals established, so that any lender can check the status of the debtor’s property, by referring to the data entered in the archives with respect to such property or with respect to the relevant debt.

Therefore, considering that the notice of...