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Universul Juridic magazin

Concerning the (non)enforcement of the dedicated assets

The dedicated assets are legal instruments which are relatively recently introduced in the Romanian laws, having a high potential of attractiveness for the business and liberal profession environment. In the absence of a substantially outlined doctrine and practice, the dedicated assets raise complex legal questions in all the components of their legal regime. In this study, we intend to establish whether the dedicated assets, as universality by operation of law and intangible movable asset, may or may not represent the subject matter of the extra-judicial enforcement set forth by the Civil Code and/or of the enforcement regulated by the Code of Civil Procedure and the cases and the grounds of such enforcements. However, a negative answer in this respect will oblige us to examine the whole area from the perspective of the most suitable substitute for the enforcement of the dedicated assets: the universality of assets as part of the dedicated assets when set up as such and, also, the cases, the grounds and the concrete methods of the enforcement of the factual universality.