Despre imposibilitatea transferului posesiei
Regarding the impossibility of transferring possession

Summary/Abstract: The present study aims to show that, in our national law, possession cannot be transferred. In order to reach this conclusion, the idea of transfer will be pursued from its beginnings, in Roman law, to the current regulations, the result of the systematization undertaken by the great German jurists. The two great paradigms of transfer will be highlighted and the notion of legal fact will be analysed. Then we will tentatively ascertain what, if any, are the direct implications that the national legislator creates through the conceptual amalgamation between the two theories, having as point of discussion the situation of the translational acts concluded with a non-owner and the junction of the possessions. We conclude with a series of proposals aimed at somewhat correcting what we consider to be the legislator’s failures.

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