Corelaţia dintre decădere şi efectul achizitiv de proprietate în cazul drepturilor tabulare
Correlation between forfeiture and the acquisitive effect of ownership in the case of tabular rights
Author(s): Irina SferdianSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: forfeiture; ownership; tabular right; rectification; possession; appearance;
Summary/Abstract: In matters concerning tabular rights subject to rectification because they were acquired from a non dominus, the acquisition of the right by the sub acquirer is original, as it constitutes an effect of the law. A person who became the owner by virtue of an ineffective transfer act shall be regarded as owner by operation of law, and not on the basis of the initial title. The title remains incapable of transferring ownership. The law cannot validate the ineffective title, but it may grant the acquirer the certainty that the right acquired under the title can no longer be challenged. This may occur only if certain conditions are met, which create an appearance of ownership that, by operation of law, becomes a right.
Journal: Revista Română de Drept Privat
- Issue Year: 2025
- Issue No: 04
- Page Range: 128-148
- Page Count: 21
- Language: Romanian
- Content File-PDF
