SOME CONSIDERATIONS REGARDING THE JURIDICAL REGIME OF THE ACCESSION
SOME CONSIDERATIONS REGARDING THE JURIDICAL REGIME OF THE ACCESSION
Author(s): Ionuţ Ciutacu, Emil MolcuţSubject(s): Law, Constitution, Jurisprudence
Published by: Universitatea Nicolae Titulescu
Keywords: roman private law; accession (lat. accessio); ancient civil code; new civil code; criteria of classifying the principal property and the accessory.
Summary/Abstract: The juridical institution of the accession derives its origin from the norms of the Roman private law that consecrated the criteria according to which a property is defined as being principal or accessory. In agreement with these criteria - of a patrician origin - a property was considered to be principal when it did not lose its individuality after the accessory was incorporated to it. This rule was taken over by the Romanian legislator since 1864. But, once the new Civil Code was adopted in 2011 a redefinition of the criteria concerning the two properties was specified: the most valuable property will be considered as principal; this redefinition will become the law for the mentality of a whole social category.
Journal: LESIJ - Lex ET Scientia International Journal
- Issue Year: XIX/2012
- Issue No: 1
- Page Range: 19-25
- Page Count: 7