I. JURISPRUDENŢĂ 1. Carte funciară. Intabulare. Rectificare carte funciară. Proprietate publică. Proprietate privată. Utilitate publică. Acte ale autorităților publice
I. JURISPRUDENCE 1. Land-registry. Tabulation. Land-registry adjustment. Private property. Public utility. Public property. Public authorities acts

Summary/Abstract: Property tabulated law was subject to special lands registries, the provisions of article 11 of Law no 213/1998, articles 888 and 907 of the new civil Code were applicable in the present case, registration being performed based on documents issued by administrative authorities, such as Romanian Government decisions, still producing legal effects, as a consequence such registration is valid, without any reasons for illegality rulings. Regarding the conditions of registration, art. 888 of the new civil Code states that ”the registration in land registry is performed based on authentic document notarized, on a final judgment, certificate of inheritance or under any other document issued by the administrative authorities, in the cases where law provides it”. Also, as a way of ensuring publicity, transcription does not imply the transfer of property, therefore it can not validate an act that is not valid by itself. Transcription has limited effects: between the parties, the convention transfers property; regarding third parties, in absence of transcription formalities, the property cannot be transferred. The absence of transcription or registration formalities affects the opposability and efficiency of real property law in relation to the third parties.

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