TRADIȚIUNEA BUNULUI IMOBIL ÎN TRANSFERURILE DE PROPRIETATE A DOMINO PRIN CARTEA FUNCIARĂ
TRADITION OF THE IMMOBILE ASSET IN THE REAL PROPERTY TRANSFER THROUGH LAND BOOK REGISTRY

Summary/Abstract: The real property right is a subjective right, with the elements established by the positive rule: usus, fructus and abusus. Between the elements of real property, possession will acquire new valences, considering that the Land Book registry system operates with the element of possession, turning it from a possession de facto to a land registry possession. The Romanian Civil Code tells us that immobile real property is transferred, both between the parties and to third parties, only by registration into the Land Book. Until the acquisition of the land registry possession, an element that gives the real property a complete shape, we will have only the rights to claim on the asset, executed by transfer of that asset. The tradition of the asset thus becomes an essential element in the transfer of immobile real property, in the mandatory report being the equivalent of the fulfilment of the dare obligation, to tradition the land registry possession. In the technical notion of ownership, the real property will be statically seen as an asset and a right belonging to individuals or their patrimony, and dynamically, we will have claims rights whose enforcement imposes not only the title of acquisition but also the handover of land registry possession.

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