Analysis of usucapion in the regulation of the new Civil Code Cover Image
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Analiza uzucapiunii în reglementarea noului Cod civil
Analysis of usucapion in the regulation of the new Civil Code

Author(s): Adrian Stoica, Anthony Murphy
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: usucapion; possession; property; real right; land registry.

Summary/Abstract: This article explores the concept of usucapion as envisioned by the new Civil Code of Romania. In the current regulation, the usucapion retains its status as both an originary mode of acquiring property and other real rights and a particularly important effect of possession. Unlike the former regulation, usucapion is now applicable not only in real estate matters, but also to moveable goods. With this new regulation, the lawmaker also had in mind the land registry system, as established by Law No 7/1996. In this regard, the provisions applicable to Transylvania, Banat and Bucovina in respect to the distinction between the two forms of real estate usucapion, namely tabular and extra-tabular, are extended for the entire country, with some changes. Therefore, our study sets forth a novel perspective on this subject and at the same time aims to present its findings in a concise, albeit exhaustive manner.

  • Issue Year: 2016
  • Issue No: 07
  • Page Range: 66-76
  • Page Count: 11
  • Language: Romanian