The analysis of the different legal effects associated to land registration and the solution adopted in the Romanian legislation Cover Image
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Analiza efectelor juridice distincte ce pot fi asociate înscrierilor în cartea funciară și soluția adoptată în legislația românească
The analysis of the different legal effects associated to land registration and the solution adopted in the Romanian legislation

Author(s): Alexandru Radu Togan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: land registry; constitutive effect; effective against third parties; static and dynamic security; real estate rights; presumptions;

Summary/Abstract: The present article analyses the role of the publicity mechanisms for the static and dynamic security of the civil circulation of goods. The Romanian legal system presents certain particularities concerning the real estate publicity, mainly in aspects as the applicable law to certain transactions and as the state of the land registry process for each territorial and administrative unit of the state. Even after more than 7 years after the New civil Code became operative, this law stating that a constitutive effect should be associated to the land registration, the named effect only applies in an inconsistent manner, in limited areas. Because of this reason, the process of comprehending and applying the real estate legislation is not an easy task.

  • Issue Year: 2018
  • Issue No: 1
  • Page Range: 196-225
  • Page Count: 30
  • Language: Romanian