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Universul Juridic magazin

Mortgage – writ of enforcement (in) capable of being enforced independently of the credit agreement

This article deals with the issue of the potential enforcement of the mortgage independently of the credit agreement grounding its establishment. In the first part of this article we shall analyse the manner in which the case-law and doctrine referred to these issues under the former Civil Code, while in the second part of the article we shall put forward the different views arising upon the adoption of the new Civil Code. Following the presentation of a synthesis of such various case-law and doctrine-related approaches of the issue envisaged hereunder, in the final section of the article we will argue in favour of the thesis on the possibility of the enforcement of the mortgage independently of the credit agreement grounding its establishment, within the current legislative framework.