ro fr
universul juridic magazin

About the beneficial ownership of securities in the view of the new Civil Code

The New Civil Code introduced an innovative spirit in the entire economy of the rights in rem regulated in a modern current manner. This innovative spirit shall be mainly emphasized in relation to the assignment of the beneficial ownership (art. 714 of the Civil Code), in the matter of beneficial ownership over claims, securities, goodwill (art. 737-745 of the Civil Code.). In this study, we shall approach only the theoretical and practical aspects of the beneficial interest established over securities (registered shares, shares).We shall examine the dichotomy of the right in rem-right of claim, striving to notice the effects generated by each report, with direct enforceability upon establishment of the beneficial interest (right in rem) over securities (rights of claim). Afterwards, we shall make certain references to the manner in which the Civil Code deals with the legal regime of securities considered in the light of the matrimonial property regime of spouses.