Abstract

The article examines the consequences of the requirement stipulated in Art. 307 § 3 of the Civil Code, pursuant to which in order to be effective against the creditors of the pledgor (thead eventum requirement) an agreement on establishing an ordinary pledge over movables ought to be executed in writing with certified date. The author’s critical assessment of this statutory requirement results mainly from the difficulty to reconcile the character of the pledge as a right in rem with the possibility of existence of a valid pledge, which is, however, ineffective against the creditors of the pledgor.