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Pledge as a way of guaranty of the obligations performing


Author: Tatiana Tabuncic
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2006
Institution:
Scientific council:

Status

The thesis was presented on the 31 March, 2006
Approved by NCAA on the 29 June, 2006

Abstract

Adobe PDF document – 0.27 Mb / in romanian

Thesis

CZU 347 (043.2)

Adobe PDF document 0.87 Mb / in romanian
151 pages

Keywords

pledge, good of the pledge, pledge creditor, pledge debitor, pawn, pawnshop, pledge with deprivation, pledge contract, legal pledge, registration of the pledge, next pledge, guaranteed claim, register of movable goods, priority rank, performing of the priority rank, freewill ness transferring, forced transferring, selling of the pledge good, termination of the pledge

Summary

The study of the topic „Pledge as a way of guaranty of the obligations performing” has as a main goal to research the settling of the immovable goods pledge according to the legislation in force of the Republic of Moldova. specific of this thesis is that for the first time it is analyzed the pledge apart from the mortage, both being analyzed as two real distinct guaranties, even if sometimes there are applied the same legal norms. In order to research all the aspects of pledging of the good the work was divided in three paragraphs.

First chapter define the pledge as real guaranty of immovable goods, its legal features, types of the pledge. Special importance has the subject concern the legal nature of the pledge, which in the literature of specialty it is consider one of the most disputable. Analyzing of the doctrine and the legislation in force give the possybility to the author to has the opinion that pledge is a real right.

Second chapter analyze the grounds for acquisition of the pledge. Are analyzed the fund and from condition of contract. The acquisition of the pledge in law base it is not so spread. A specific place in the second chapter is analyzing of the pledge one of the most importantmovable goods.

Third chapter analyze the effects of the pledge. This material is previewed in following aspects: a) effects of the pledge between the parties; b) effects of the pledge concern the third parties; c) exercising of the pledge right; and d) grounds for termination of the pledge.

In case of no performing of the guaranteed duty, the pledge creditor exercise his pledge rights trough: getting of the good in possession having the goal to administrate, selling of the good being controlled by the judiciary instance. All these procedure constitute the object of research, being in the same time reflected the judiciary practice.