Distribution of funds obtained from the sale of encumbered assets, according to the provisions of Law no. 85/2006. Concept of sale of mortgaged property.

DREPT SOCIETAR ŞI DREPT MARITIM

Abstract

The mortgagee's right of pursuit can only be exercised at the time of the commencement of enforcement of the property provided as collateral and means that the holder of the mortgage right, by pursuing the property in the hands of whoever it may be, can enforce it and thus satisfy his claim. The mortgagee cannot exercise the attributes of ownership, does not acquire, by the mortgage concluded, ownership of the property and thus the right to the rents of the mortgaged property.