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Proprietatea dedublată – limită în exercitarea proprietăţii
Double ownership – limitation on exercise of ownership

Author(s): Irina Sferdian
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: property; value; temporary; perpetual; uncertainty; reservation of ownership; option to repurchase; usufruct; superficies; trust;

Summary/Abstract: The natural state of the right of ownership is to be complete, the only state in which the right is perpetual. When the prerogatives of ownership are shared by legal act, this state can only be temporary. Sometimes, ownership is exercised on a limited basis because its transfer from one estate to another is subject to an uncertain event, at times because the parties to the legal act agree that the economic benefits of the property accrue to someone other than the legal owner. This paper explores deduplicated ownership, a state of ownership in which two property rights of the same asset live side by side in both its typical and atypical forms. If in the case of typical deduplicated property, both terms of the binomial are property, and one of the rights is in a potential state, while the other is actual, in the atypical variant, property is split into legal property and economic property. Economic property is not a property right, but a right assimilated to a property right.

  • Issue Year: 2024
  • Issue No: 02
  • Page Range: 296-320
  • Page Count: 25
  • Language: Romanian
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