THE POLICEMAN’S RIGHT TO COMPENSATION FOR RENT AND THE MEANING OF THE PHRASE „DOES NOT OWN A DWELLING PROPERTY” Cover Image
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DREPTUL LA COMPENSAŢIE PENTRU CHIRIE AL POLIŢIŞTILOR ŞI ÎNŢELESUL SINTAGMEI „NU DEŢINE LOCUINŢĂ PROPRIETATE PERSONALĂ”
THE POLICEMAN’S RIGHT TO COMPENSATION FOR RENT AND THE MEANING OF THE PHRASE „DOES NOT OWN A DWELLING PROPERTY”

Author(s): Mara Ioan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: rent compensation; policeman; exclusive property; the modalities of property; dismemberments;

Summary/Abstract: The present study, in our opinion, appears being necessary at least from the following reason: the right to property is susceptible to modalities or to be dismembered, fact which leads to diminishing the effective, practical powers of the owner. The question arises if the policeman who is the nude owner of a dwelling is still entitled to rent compensation, especially in a situation such as the one in which the acquisition of this right was accomplished through a maintenance contract - indeed translative of property - with the usufruct reserve to the benefit of the maintenance creditor. This is also the case when, for example, the co-owner police only has an ideal and abstract share of ownership on a home that is not comfortably shared in nature. As a consequence, we want to establish the meaning of the phrase „does not have personal dwelling”, by reference to the specific notions of civil law and the purpose of the law.

  • Issue Year: 2017
  • Issue No: 01
  • Page Range: 75-81
  • Page Count: 7
  • Language: Romanian