Ai carte, ai parte: particularităţi ale acţiunii în rectificare tabulară formulate împotriva terţilor dobânditori ai bunului
You have papers, you have rights: particularities of the action for tabular rectification brought against third-party acquirers of the property
Author(s): Mihaela GhergheSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: tabular rectification; material publicity; good faith;
Summary/Abstract: The article analyzes the tabular rectification action brought against third party acquirers of immovable property, emphasizing the balance between the protection of the true owner and the security of bona fide third parties, as established by the Civil Code and the current land registry system. The study highlights relevant forfeiture periods, objective criteria for assessing good faith, and practical implications of the principle of material publicity in real estate transactions and credit granting. The importance of simplifying administrative procedures is underlined, with increased attention recommended only where legal risk persists. The conclusion advocates for directing resources to relevant risk areas and reducing formalism where land registry security is consolidated, while noting the essential role of completing the national cadastre for the system’s efficiency.
Journal: Revista Română de Drept Privat
- Issue Year: 2025
- Issue No: 04
- Page Range: 149-172
- Page Count: 24
- Language: Romanian
- Content File-PDF
