CERTAIN THEORETICAL AND PRACTICAL ISSUES, REGARDING THE ADMITTANCE INTO GUARANTEE OF THE ESTATES GAINED ON BASIS OF LAW NO. 112/1995 FOR THE REGULATIO
CERTAIN THEORETICAL AND PRACTICAL ISSUES, REGARDING THE ADMITTANCE INTO GUARANTEE OF THE ESTATES GAINED ON BASIS OF LAW NO. 112/1995 FOR THE REGULATIO

Summary/Abstract: The property right is a subjective civil right, so that its admittance, protection and exertion should be approached within the general frame of the aggregate subjective civil law. In accordance with the provisions of art. 480 Civil Code: ,,the property is the right of someone to enjoy and dispose of a thing in an exclusive and absolute manner, but within the limits determined by law”. The property right is the fullest real right, as it is the only subjective right that renders to its holder three attributes: possession, usage and disposal. In regard to the protection of the subjective civil rights, it represents one of the fundamental principles of the Romanian civil law and it is presented as such both in the internal normative documents and in the international normative documents whereof Romania is a party. The property right should be exerted only according to its economic and social scope; it should be exerted by observing the law and morals (art. 5 Civil Code); it should be exerted bona fides (art. 970 Civil Code and art. 57 from the Constitution); it should be exerted within its limits. The judiciary and notary practice have faced within the last period the urgent necessity to find the most suitable solutions to the problems raised by the interdictions to alienate the estates stipulated by certain organic laws, such as: art. 9 para (8) from Law no. 112/1995 on the regulation of the juridical situation of certain estates with the destination of dwellings, transferred into the property of the State, with subsequent amendments and supplements.

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