Partajul - instituție juridică de interes pentru dreptul substanțial și dreptul procesual civil. Note comune, interferențe, diferențieri
The partition - legal institution of interest for substantial law and civil procedural law. Common notes, interferences, differences

Summary/Abstract: The division represents, as it is unanimously specified in the specialized literature, the legal operation that aims to put an end to the state of co-ownership or indivisibility. As a result of the settlement, the asset or, as the case may be, the jointly owned assets, in shares, are partitioned among the co-owners (co-sharers), so that they will know the assets or material parts of the assets that are to become their exclusive property. In the same way, through the effect of division, the asset or assets owned in co-ownership can be attributed only to one of the co-sharers, the latter obliging himself to pay one/more balancing payments to the other co-owners. In other words, through division, co-ownership turns into exclusive ownership. Regardless of whether it is done amicably or judicially, the division, which can be requested at any time, less if it has been suspended by law, produces, lex lata, constitutive effects. The study is circumscribed to the concern of dealing with the issue evoked in the title, from the double perspective – of civil law and of civil procedural law – proposing to deal with several aspects of interest regarding the institution of division, as it is configured in the (civil) codes in force today, revealing, selectively, some common notes, some points of interference and necessary complementarity, but also indisputable particular or specificity notes.

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