Property Law in the New Romanian Civil Code Cover Image

Property Law in the New Romanian Civil Code
Property Law in the New Romanian Civil Code

Author(s): Szilárd Sztranyiczki
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Scientia Kiadó
Keywords: property; property rights; private property; public property; definition; human rights; special incapacities; legal inalienabilities; constitution; international treaties; movables; immovables;

Summary/Abstract: Taking into account the recent change in Romanian civil legislation, we consider the present scientific material very useful for an overview of this institution under the auspices of the New Civil Code. The national legal provisions set clear, therefore, that the property is divided into two institutions, the public property and the private property. Property classification is very important in this form, for us to understand the legal nature and the applicable regime for each type of property. Moreover, the property right, either private or public, it has an elite regulation in most European laws, but also in universal laws the respect for it and the guarantee of this right can be also found in the fundamental human rights, in the international treaties, and in the constitutions of different nations. We will try, therefore, to offer a brief overview of the new Romanian legislation in the mentioned field, which is already harmonized with European legislation, the result being the New Romanian Civil Code. We believe that the interpretation should be considerably more extensive, but –pragmatically – we will try to capture the main theoretical and practical features, to denote the importance of this institution.

  • Issue Year: 2016
  • Issue No: 10
  • Page Range: 107-119
  • Page Count: 13
  • Language: English