La transplantation juridique dans le droit civil roumain. Le cas du système de publicité immobilière par des livres fonciers
Legal transplantation into Romanian civil law. The case of the real estate advertising system using land books

Summary/Abstract: The circulation of legal models through legal transplant is one of the topics intensely debated in the theory of comparative law. The evolution of Romanian law depicts a succession of legal imports, more or less successful, almost always marked by the pressure of significant historical events. After presenting the main problems raised by the theory of legal transplant, the article analyzes the case of the adoption of the Romanian Civil Code of 1864, as a hypothesis of irrational legal transplant of the French Civil Code. The union of Transylvania with Romania, in 1918, creates the historical framework of a collision, within the newly formed legal system, between the results of two competing legal transplants, in the matter of the legal regime of property: the principle of the transfer effect of the unique agreement of wills of the parties promoted by the French-inspired civil code, and the principle of the constitutive effect of registration, imposed by the land book legislation of German inspiration, applicable in Transylvania and old Bucovina. The effort to reconcile the two rules continues today.

• Details
• Contents