Ipoteca asupra conturilor bancare – o plasă de salvare... pe nisipuri mişcătoare

Rezumat

Any contractual relationship must be developed on the grounds of mutual trust. However, when the contract is due to be performed at a later time, the uncertainty level rises even higher, which will eventually interfere with the quality of the contractual partnership. This is the reason why people needed guarantees from the start. As time goes by, due to the economic and technological progress, intangible assets become more and more valuable and therefore gain increasing attention from creditors. This paper aims to take a closer look at a specific type of such a guarantee over intangible assets, namely the security interest in deposit accounts. Since it is constituted over non‑constant assets which change in quantity and value, it has raised difficult problems for practitioners and for courts as well. In this light, the analysis of this study starts with several theoretical aspects related to the hypothec (security interest without dispossession), the deposit accounts and the security agreement. Once this general legal framework is clarified, we focus more on the practical problems which occur during the execution of such security interest.

Keywords: contract; trust; guarantees; hypothec; intangible assets; security interest in deposit accounts; security agreement.