News from 2008

 

 

"Theory and practice in the banking legislation"

 
STOICA & Asociaţii was main partner of the conference „Theory and practice in the banking legislation. Securities and issues of their execution” organized by the Romanian Banking Institute, having as partner the National Institute of Magistrates and the Association of the Legal Counsels in the Banking System and which first edition took place on September 30. 2008.

In the conference, from STOICA & Asociaţii held presentations Conf.Univ. PhD Marieta Avram and Radu Rizoiu both senior partners in the law firm.

The presentation of Mrs Conf.Univ. PhD Marieta Avram had as object the frame of the new regulation with a special accent on the real estate mortgages. The project of the New Civil Code, in the form adopted by the Senate, with the proposals of amendments issued by the commission set up along the Ministry of Justice, proposes a profound restructuring of the securities, by a modern regulation of the movable and immovable mortgages, of nature to offer adequate solutions for the problems which, in the present moment parasites the legal activity in the banking system. With the mortgages, the so called autonomous securities captured the attention of the code’s writers, as natural reaction to the requests of the banking system. We have the conviction that the new Civil Code will constitute an intelligent working instrument which shall allow the bankers to imagine new products, without scarifying the rules of bank prudence.

The presentation of Mr. Radu Rizoiu was focused on the presentation of two innovatory concepts in the domain of the movable mortgages. The new regulation of the (movable) securities of the Civil Code project represents more an evolution of the system implemented by adoption of Title VI of Law no. 99/1999 then a revolution of this system. The activity of the banks is favored in certain domains, among which the one of the securities constituted on the credit balance of the bank accounts. In this domain, the regulation proposes the introducing of the control as supreme method of insurance of the opposability of the security (perfection). On the other side, the new project encourages also the circulating character of the businessmen’s assets, allowing a more easy transfer of the assets object of the security. Thus, the assets sold in the normal course of the activity of a businessman will be transferred free of encumbrances.

Both presentations occasioned heated discussions during which the participants to the conference debated the opportunity and effects of the proposed regulation.


 
 
 
 
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