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Iulia Alexandra BOSNEANU: Extinguishment of the lien right considering the New Civil Code

Abstract: The issues pertaining to the termination of the lien right had a special importance within the legal regime of this guarantee right because the causes with extinctive effect on it largely reflect the extent of the prerogatives of the retainer and its guarantee position. The provisions of the new Civil Code do not include references to all situations considered in the specialty literature and the text of the art. 2.499 N.C.Civ. having the marginal name of “The Extinguishment of the Lien Right” reveal the main way to terminate only through a per a contrario interpretation, being the ground of an apparent seizure right conferred to the retainer. However, taking into account the modalities of termination of retention, the legislator brings a real novelty, allowing the debtor to take out the asset from the possession of the retainer by offering a sufficient concentional guarantee offer in relation to its claim, which would replace the right of retention benefiting under the law. Besides the provisions of the art. 2.499 N.C.Civ., another relevant legal text regarding the termination of the right of retention is the art. 2.505 N.C.Civ. placed in the title, regulating the extinctive prescription. So, by means of the content of this regulation, the legislator succeeds to explain in an interesting manner the issue of incidence of this type of prescription upon the retention right.

Key-words: lien, freewill depossession, asset disappearance, guarantee offer, extinctive prescription

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