The legal function of usucapion in the Romanian and Moldovan civil law systems: between the security of legal relations and the protection of property
Mots-clés :
usucapion; civil possession; security; property protection; good faithRésumé
The institution of usucapion is a legal mechanism established in continental civil law, through which long-term and lawful possession confers on the holder a real title opposable to third parties. The legal function of usucapion is located at the intersection between the security of the civil circuit and the protection of property rights, contributing both to the stabilization of consolidated factual situations and to the strengthening of citizens' confidence in the efficiency of the legal order. The article examines the legal function of usucapion in Romanian civil law and in the civil law of the Republic of Moldova, analyzing how this institution responds to the current requirements of predictability, efficiency and equity in patrimonial relations.
The analysis starts from the current normative framework of both legal systems, continues with the relevant doctrinal interpretations and the main jurisprudential trends, and identifies the points of convergence and divergence in the approach to usucapion. It is shown that, although both systems share a common continental law tradition, regulatory differences - especially regarding deadlines, the role of good faith and judicial enforcement - influence the institution's ability to simultaneously ensure the security of legal relations and the protection of property.
The conclusion of the article highlights the need to reinterpret the function of usucapion in a context of modernization of civil law, in which the mobility of goods, the diversity of forms of ownership and the dynamics of patrimonial transactions require conceptual and normative adaptations.
Références
Bucharest Court of Appeal, Civil Section, Decision no. 1234/2019, case law on usucapion of immovable property.
Bucharest Court of Appeal, Civil Section, Decision no. 987/2020, case law on usucapion of movable property.
Civil Code of Romania.
Civil Code of the Republic of Moldova.
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Merci de créditer les auteurs lors de toute citation : Mariana-Alina Zisu (2026)
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