The Effects of Registering Actual Possession of Real Property in the Land Registry
Mots-clés :
adverse possession; land registry; real estate; possessionRésumé
Ownership of real property may also be acquired by adverse possession, following the exercise of effective and uninterrupted possession. Although the provisions of Decree No. 115/1938, the Civil Code, Law No. 7/1996, and Order No. 600/2023 regulate the conditions under which a possessor may acquire ownership, these provisions do not establish a unified regulatory framework, resulting in diverse case law at the national level. Furthermore, following the commencement of systematic cadastral works, the opening of new land registers, and the implementation of the constitutive effect of the registration of ownership rights in the land register, the practices of cadastral and real estate registration offices, notary offices, and courts diverge. Identifying legal solutions for such situations poses a challenge for public authorities to ensure a static and dynamic guarantee of the civil legal status of the property, as a necessary consequence of the registration of real rights in the land registry.
Références
Bărbieru, C.N. Macovei C. (2018), Activitatea notarială de la teorie la practică, Bucharest, Universul Juridic Publishing House, pp. 1024-1026
Boroi, G. Anghelescu, C.A. Nicolae, I., (2024). Fișe de drept civil. 1. Partea generală. Persoanele. Familia. Drepturile reale principale, Bucharest, Hamangiu Publishing House, pp. 908-910
Chelaru, E. (2019). Drept civil. Drepturile reale principale, 5th Edition, Bucharest, Publisher C.H. Beck, pp. 281-283
Nicolae, M. (2006). Tratat de publicitate imobiliară, Bucharest, Universul Juridic Publishing House, pp. 16-18
Stoica, V. (2017). Drept civil. Drepturi reale principale, 3rd Edition, Revised and Expanded, Bucharest, Publisher C.H. Beck, pp. 267-269
For more details see:
Decree-Law No. 115/1938 on the unification of provisions concerning land registers, published in the Official Gazette No. 95 of April 27, 1938,
Law No. 7 of March 13, 1996, on the Cadastre and Real Estate Publicity, republished, published in the Official Gazette No. 720 of September 24, 2015,
Law No. 287/2009 on the Civil Code, published in the Official Gazette No. 505 of July 15, 2011,
Law No. 71/2011 on the Implementation of the Civil Code, published in the Official Gazette No. 409 of June 10, 2011,
Order No. 1/2020 approving the Regulation on the performance, verification, and acceptance of systematic cadastral works and the ex officio registration of real estate in the land registry, published in the Official Gazette, Part I, No. 56 of January 28, 2020,
Regulation of February 8, 2023, on acceptance and registration in the cadastral and land registry records, published in the Official Gazette No. 125 bis of February 14, 2023,
Civil Judgment No. 3728 dated March 12, 2026, issued by the Iași District Court,
Civil Judgment No. 10519 dated March 25, 2026, issued by the Timișoara District Court.
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Merci de créditer les auteurs lors de toute citation : Elena-Claudia Dumitrache (Andronache) (2026)
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