Consideraţii privitoare la modurile de dobândire a drepturilor reale principale în noul Cod civil
Considerations regarding the ways of acquiring main real rights (in rem) in the new Civil Code

Summary/Abstract: In the author’s view, any debate regarding the ways in which the main real rights (in rem) are acquired, takes as a starting point two concepts: the concept of civil circulation and that of estate. In a broad sense, civil circulation comprises the legal means through which both the public property right, with its special legal regime, and the private property right, with its dismemberments, may arise and be capitalized. Starting from this point, we can state that the ways of acquiring main real rights (in rem) represent the legal means by which such rights arise, are acquired and assigned. Likewise, all these means operate in relation to an estate which belongs to a subject of law. As compared to the provisions of articles 644-645 of the old Civil Code, article 557 of the new Civil Code contains a much more systematic and rigorous enumeration of the ways of acquiring the main real rights (in rem); these ways are intended to apply also in the matter of ownership and in the matter of private ownership, for any subject of law, a natural person or legal entity. This communication represents also a classification of the ways of acquiring real rights and comprises certain specifications related to the moment when the main real rights arise in case of usucaption (art. 930-931) and in case of acquiring the ownership over movable assets by possession in good faith (art. 937-940).

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