Acta Universitatis Danubius. Juridica, Vol 9, No 2 (2013)

Abstract

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.