Drifting in the currents: floating charges under Romanian law

Radu Rizoiu

Chapter 10 in Floating Charges in Comparative Perspective, 2025, pp 316-339 from Edward Elgar Publishing

Abstract: Romanian law has a functional equivalent of the floating charge, namely the ‘hypothec over universitas facti’. This chapter examines its introduction and development and issues arising in relation to its usage and operation. While it dates back to 1999 and was incorporated into the Civil Code in 2011, legal practice is still reluctant to use it to its full potential, and the case law on the topic remains under-developed. Nonetheless, the legal infrastructure exists and practice is seeking to take the benefit of the doctrine. The main obstacle in the way of the development of the floating security is its treatment in insolvency, and this will be considered in detail.

Keywords: Security interest; Floating charge; Universitas facti; Insolvency; Romanian law (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035317134
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