Opinii cu privire la caracterul forţat al dreptului de proprietate periodică şi sancţiunea excluderii unuia dintre coproprietari
Opinions regarding the forced nature of the periodic ownership right and the pain of exclusion of one of the co-owners

Summary/Abstract: The interest for this theme was determined by the publication in „Dreptul” Journal, no. 8/2017, under the signature of university professor, PhD Jora and Mr. Associate professor, PhD Ciochină-Barbu, of the study “Some considerations regarding the provisions of art. 691 Civil Code, concerning the obligation to compensate and the exclusion of the right of periodic ownership”. As far as we are concerned, we will try to present some legal arguments which, in our opinion, call into question the forced character of the periodic property right accepted in the doctrine and evoked by art. 646 point 1 Civil Code. We will also endeavor to substantiate a series of views on the provisions of art. 691 Civil Code, regarding the exclusion of one of the co-owners, in relation to the opinions expressed in this respect by the authors of the evoked study.

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