19. Dobândirea dreptului de proprietate prin efectul uzucapiunii imobiliare. Teren afectat de construcţii de interes public. Neîndeplinirea condiţiei unei posesii utile
19. Acquisition of ownership by usucaption of real estate. Land affected by public interest construction. Failure to satisfy the condition of useful possession

Summary/Abstract: The existence of hydrotechnical constructions on the land in respect of which it is requested to establish the effects of the prescription of acquisition, places it, from the point of view of the legal regime, in the sphere of public property, therefore inalienable and unassignable, not subject to the prescription of acquisition. The fact that such constructions (together with the related land) are not regulated as such, as public property, by the Water Law no. 107/1996, is irrelevant given that the normative act which constitutes the seat of the matter as regards public property and its legal regime is Law no. 213/1998. However, according to Article 3(3)(a), the (4) of the Law no. 213/1998 "the public domain of municipalities, towns and cities is made up of the assets referred to in para. III of the Annex and other goods of local public use or interest, declared as such by decision of the local council, if they are not declared by law goods of national or county public use or interest". Thus, taking into account the specific legal regime of the land with an affectation affecting the public domain, the provisions of Article 1.844 of the Civil Code become applicable (according to which the domain of things that cannot be objects of private property cannot be prescribed, being taken out of the civil circuit), the conditions laid down in Article 1.847 of the same code not being met for the possession exercised to be considered a useful possession, acquiring the right of ownership.

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