2014

Alin-Adrian MOISE, PhD Student, Faculty of Law, University of Bucharest, The legal mortgage in favour of the seller and the fund provider in the new Civil Code system
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 from 1864 and art. 2374 sections 1 and 2 of the French Civil Code. However, in this article we will attempt 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.

Key-words: Civil code, legal mortgage, seller, fund provider, land book

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