Invocarea dreptului de accesiune imobiliară în cazul construcţiilor edificate fără autorizaţie de construire. Substance over form?
Invoking the right of real estate accession in the case of buildings erected without a building permit. Substance over form?

Summary/Abstract: The situation of the artificial estate accession when buildings are erected without a building permit calls into question the issue of the available nature arising from the material fact of building on the land of a third party. By analyzing a decision (RIL) of the High Court of Cassation and Justice regarding the provisions of the Civil Code and of the special laws on the authorization of the constructions works, we tried an interpretation of the effects of the available right arising from accession, which would allow to the owner of the land to react also when the constructor does not make any approaches to render legal and register the building in the land book. We examined the consequences of erecting a building in the absence or by not complying with the building permit from the perspective of acquiring and enforceability of the ownership right both in the case of direct accession, when the owner builds itself on its land, with his own materials or with a third party’s materials, as well as in the case of mediated accession, when the building is erected by a third party not being entitled to this end.

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