Discuţii referitoare la interdicţia contractului pignorativ înscrisă în Noul Cod civil

drd. ALIN-ADRIAN MOISE*

* email: amoise@gmail.com

Facultatea de Drept, Universitatea din Bucureşti

Notar public - Camera Notarilor Publici Bucureşti

ABSTRACT

The interdiction of the pignorative contract is a traditional solution for the Romanian law and corresponds to a real need to protect the debtor. However, this study attempts to prove that the solution is presently in disagreement with the legislative policy established by the new private normative order that encourages the diversification of the guarantee mechanisms.

Presently, the function of this prohibition would rather be a theoretical one, not to affect the classical physiognomy of mortgage in the continental law system; but, in a legislative system which expressly establishes legal figures such as the sale with repurchase option or the sale with reservation of title and which seems to allow lawful transfers as a security measure, the...