BONA FIDES IN ROMANIAN REGULATIONS OF THE EARLY 19TH CENTURY. PECULIARITIES REGARDING USUCAPIO AND THE EFFECTS OF THE SALE CONTRACT IN THE CARAGEA LEGISLATION
BONA FIDES IN ROMANIAN REGULATIONS OF THE EARLY 19TH CENTURY. PECULIARITIES REGARDING USUCAPIO AND THE EFFECTS OF THE SALE CONTRACT IN THE CARAGEA LEGISLATION
Author(s): Sorin-Alexandru VerneaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: bona fides; Caragea Legislation; usucapion; acquisition of property; history of Romanian law;
Summary/Abstract: Good faith is an essential element for correctly understanding private law of Romano Germanic origin. The foundations of the concept were laid by the Romans back two millennia, and the concept of bona fides from antiquity is still current. This article aims to identify a series of applications of good faith in the Caragea Legislation, a Romanian regulation from the beginning of the XIX th century, relevant for understanding the particularities of private law, prior to the adoption of the 1864 Romanian Civil Code. The introductory section includes a conceptual delimitation of good faith, as it results from Roman law. The work is divided into two substantial sections, the first concerning the regulation of the acquisition of a right by usucapion, and the second, particularities related to the conclusion and effects of the sales contract. The last section is intended for conclusions, starting from the analyzes previously undertaken.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: XII/2024
- Issue No: XII
- Page Range: 76-83
- Page Count: 8
- Language: English