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Universul Juridic magazin

Considerations on art. 2.465 of the new civil Code concerning enforcement of the mortgage over claims

The pledge that was regulated by Law no. 99/1999, Title VI, is provided in the new civil Code as the movable mortgage, including, according to art. 2389 lit. a)-d) and art. 2.398, also the mortgage over claims. Foreclosure on claims made by art. 2.465 of the new civil Code is regulated to some extent, differently from the previous regulation made by art. 84 lit. b) of Law no. 99/1999, Title VI, so workings of art. 2.465 of the new civil Code already sparked some controversy, including in terms of solutions delivered by the courts.The present study discusses how to interpret the provisions of art. 2.465 of the new civil Code.