UZUCAPIUNEA ȘI SECURITATEA JURIDICĂ: CONVERGENȚE ȘI DIVERGENȚE ÎN CODURILE CIVILE ALE ROMÂNIEI ȘI REPUBLICII MOLDOVA
USUCAPIONE AND LEGAL SECURITY: CONVERGENCES AND DIVERGENCES IN THE CIVIL CODES OF ROMANIA AND THE REPUBLIC OF MOLDOVA

Summary/Abstract: Usucapion is one of the most important mechanisms for acquiring property rights in civil law, through which long term possession is transformed into a legitimate title. The institution is based on the principle of legal certainty, ensuring the stability of the civil circuit and the protection of the bona fide possessor against the uncertainty of titles. The comparative analysis of the regulations in the Civil Code of Romania and the Civil Code of the Republic of Moldova highlights both convergences and differences. In both systems, the essential conditions - useful possession, the passage of time and the peaceful nature of the detention - are similar, reflecting the common tradition of Romanist inspiration. However, there are also significant divergences: while the Romanian regulation emphasizes tabular publicity and the effects of registration in the land register, Moldovan law gives greater weight to effective possession and admits, in certain situations, bad faith usucapion. These differences directly influence judicial practice, especially in real estate disputes, and raise issues related to the standardization of interpretations. From a European perspective, both systems are in a process of modernization and 65 convergence, with the objective of strengthening legal certainty and making them compatible with the standards of transparency and stability of contemporary European law.

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