The STUDIA UNIVERSITATIS BABEŞ-BOLYAI issue article summary

The summary of the selected article appears at the bottom of the page. In order to get back to the contents of the issue this article belongs to you have to access the link from the title. In order to see all the articles of the archive which have as author/co-author one of the authors mentioned below, you have to access the link from the author's name.

 
       
         
    STUDIA IURISPRUDENTIA - Issue no. 4 / 2020  
         
  Article:   NEGATIVE PLEDGES / GARANȚIILE NEGATIVE.

Authors:  ADRIAN TAMBA.
 
       
         
  Abstract:  
DOI: 10.24193/SUBBiur.65(2020).4.28


Published Online: 2021-04-16

pp. 955-976

VIEW PDF

FULL PDF

ABSTRACT.
My work, called „Negative Pledges”, aims at some interesting legal beings. Mainly, they are used by banks. Yet, negative pledges may very well be placed in the hands of entities that are not banks; this is pointed out by, e.g., First Wyoming Bank, Casper v. Mudge. Negative pledges are encountered both in the Civil Law and the Common Law traditions. Of course, it is my view that the Romanian Civil Code embraces the so-called negative pledges, though it does not use such an expression. At the end of this paper, the abandonment of orthodoxy is highlighted: no explicit conclusions can be noticed.
Key words: negative pledges, contractual aspects, covenant, unilateral juridical act, Vladimir Hanga.
 
         
     
         
         
      Back to previous page