CONDIŢIILE ŞI EFECTELE UZUCAPIUNII DE „FOARTE SCURTĂ DURATĂ” ÎN REGLEMENTAREA ACTUALĂ A LEGII NR. 7/1996
CONDITIONS AND EFFECTS OF “VERY SHORT-TERM” USUCAPIO IN THE CURRENT REGULATION OF LAW NO. 7/1996

Summary/Abstract: In addition to the classical conditions of usufruct, the acquisitive prescription of “very short duration” analyzed presupposes the fulfillment of two other essential essential conditions: 1. notation of possession in the land book and 2. non-notation, for 3 years from the registration to contest the registration of the possession in the land book. The interested person may request the notation of the possession in the land book based on a cadastral documentation of first registration in the land book accompanied by other documents provided by art. 41 para. (8) of Law no. 7/1996, documents that have, in principle, the role of proving the intentional and material element of the possession as well as some aspects regarding the quality of this possession. If the conditions regarding the useful possession are met, the notation of this possession in the land book and the successful non-contestation of this notation, the main effects of the very short usufruct are: 1. The acquisitive and extinctive effect - the acquisition by the person registered as possessor of the right of ownership over the real estate in question and the extinction of the right of the true owner and 2. The ex officio tabulation of the property right in the name of the owner. The effect of acquiring the right of ownership through the simplified usufruct occurs by right at the end of the 3-year term if the other conditions are met, without any other request from the owner and "without any other justification or procedure".

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