Abstracts - Facultatea de Drept - Dunarea de Jos

GAINING PROPRIETORSHIP OVER
A PIECE OF LAND THROUGH
LONG-TERM AND BONA FIDE
POSSESSION. OPINIONS
Constantin PALADE
Constantin PALADE
Ph.D. Lecturer univ., “Petru Maior”
University, Targu-Mures
Address: 17 Gen. Traian Mosoiu
Street, Tg-Mures
Tel: 0720016655
E-mail: constantinpa2008@gmail.com
Abstract
The problem we are focusing on is
partly solved by the text of the law, partly
remains to be deducted through
interpretations. In the first case, we are
talking about the admissibility to inscribe
the proprietorship rights over a piece of
land, acquired through long-term and
bona fide possession, in the future
territorial registers. In the second case, we
refer to the proprietorship regime on
which inscriptions of proprietorship rights
in the territorial registers will be based.
We intend to focus and debate next on
the aspect of proprietorship over a piece
of land, as stated in the law on which
inscription of rights in the territorial
registers will be based, a matter which
needs to be deducted through
interpretation. That is because, unlike
Law no. 115/1938 of the Territorial
Registers, Law no. 7/1996 neither set a
new proprietorship different from the
traditional one set in the Civil Law, nor
indicated the type of proprietorship to be
implemented in the future.
Following the revocation of Law no.
115/1938 and of proprietorship as set by
that law, and once the new territorial
registers will have effectively been
implemented throughout the country, the
only settlement of proprietorship to
remain effectual will be the settlement of
common right in the Civil Law.
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