The real estate accession between spouses and the situation of the improvements made to a building during marriage Cover Image
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Accesiunea imobiliară în raporturile dintre soţi şi situaţia îmbunătăţirilor aduse unui imobil în timpul căsătoriei
The real estate accession between spouses and the situation of the improvements made to a building during marriage

Author(s): Alexandru Radu Togan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: accession; right of option; ownership right; essential transformation;

Summary/Abstract: In certain legal situations, the junction between the family law provisions and other civil law regulations can be an interesting field of study, allowing studies concerning the utility and the efficiency of the legal solutions that are provided. The real estate accession can be applied between spouses, with certain amendments. It is possible that a spouse would build upon the land that is the property of the community or of the other spouse, case in which the property right concerning the building depends on the existence of an agreement between the spouses, or on the real estate accession rules, in case no such agreement exists. Also, it is possible that certain improvements are added to a preexisting building, case in which it is debatable if this operation may lead to a change in ownership regarding the building.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 415-428
  • Page Count: 14
  • Language: Romanian