Opinions on Conventional Limitations of Ownership Cover Image

Opinions on Conventional Limitations of Ownership
Opinions on Conventional Limitations of Ownership

Author(s): Marius-Ionel Nicolau
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitatii Transilvania din Brasov
Keywords: inalienability of some goods; inalienability clause

Summary/Abstract: Whatever its source, the inalienability of some goods is a severe restriction to the provision of attribute of the property right. By Article 626 par. (1) Civil Code, the legislator expressly imposed the normative regulation according to which the owner may consent to the limitation of the exercise of the right of ownership or to the limitation of the provision itself (jus abutendi) by legal acts if they do not violate the public order and good morals. For the validity of an inalienability clause, more conditions are required.

  • Issue Year: 10/2017
  • Issue No: 1-Suppl
  • Page Range: 79-88
  • Page Count: 10
  • Language: English