Unde se înscriu terţii în RNPM? Despre reforma nevăzută a publicităţii mobiliare

Rezumat

The 2018 Romanian regulation of a National Registry for Personal Property Evidence brought more than a slight change in name for the old registry for security in personal property. Now the system is mature enough and it is ready to replace possession as the standard instrument to ensure the publicity of rights in rem over personal property. Based on this new legal configuration, the classic concepts of the privity of contract (i.e., parties and third parties) are presented from the point of view of the effects of registration. Basically, from this perspective, any person that at one point in time would cross with the specific (movable) item shall be considered a concerned third party.
Starting from these assumptions, the main thesis of this paper is that today no operation involving an item of personal property is safe from the effects the registration in the new Registry brings. As such, a holder in due course cannot anymore use only its bona fide acquisition as an all purpose defense against conflicting rights recorded in the Registry. Moreover, under certain circumstances, its right itself could be jeopardized by the lack of verification of the notices recorded in the Registry.