Dobândirea cu bună-credinţă : protecţie a creditorului gajist în caz de constituire viciată a gajului [Articol]

Abstract

This study deals with the special protection granted by Article 686 of the Civil Code of the Republic of Moldova to the secured creditor as a good faith acquirer of a proprietary security interest (right of pledge). The legal defects of acquisition of the security interest “cured” by this legal provision are the absence of the right or authority of the provider of the security interest in respect of the encumbered asset. Article 686 is necessary and complements the complex system of protection of good faith acquisition contained in Moldovan civil law.