XII. DEZBATERI 1. Aspecte teoretice şi jurisprudenţiale asupra clauzei de inalienabilitate – limită convenţională a dreptului de proprietate
XII. DEBATES 1. Theoretical and jurisprudential aspects of the inalienability clause – conventional limit of the property right

Summary/Abstract: As governed by the Civil Code, property rights are subject to limitations. The limits of property rights can be material, legal, judicial and conventional, with the Civil Code regulating the inalienability clause. A creation of doctrine and case law and without autonomous regulation under the old Civil Code, declaring a property inalienable by agreement was not possible, being penalised by absolute nullity. By enshrining its status as a limitation of the right of ownership by legal acts, the new Civil Code provides a separate regulation of the inalienability clause, both conventional and statutory, expressly laying down conditions, scope, conditions of enforceability and penalties for non compliance, in the legislator's attempt to harmonise the principle of freedom of contract and that of free movement of goods. In what follows, with reference to the recent case law of the High Court of Cassation and Justice, we will analyse only three of the aspects relating to the institution of the inalienability clause, namely its legal nature, its scope of application and its essentially temporary nature, accompanying each of the decisions offered by brief theoretical considerations on the aspects presented.

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