<abstract xmlns="http://www.w3.org/1999/xhtml"><p>Initially regulated by the provisions of art. 17 in the Decree – law no. 115/1938, subsequently dethroned by the provisions of Law no. 7/1996 and reaffirmed by the provisions of art. 885-886 in the new Civil Code, a lot was written about the principle of the constitutive or transferring effect of property-related rights of the registration with the land book. The principle of the opposability towards third parties of the registrations in the transcription and inscription registers vs. the principle of the constitutive or transferring effect of the registrations with the land book are the disjunctive categories representing the basis of the traditional dichotomy between the land recordation personal system and the real land recordation system. This study proposes a radiography of the theoretical and particularly the practical significances in terms of the content, the field of application and the exceptions from the principle of the constitutive effect in the regulation of the new Civil Code, not saving a comparative analysis with the opposability effect of the entries pursuant to Law no. 7/1996.</p></abstract>

Initially regulated by the provisions of art. 17 in the Decree – law no. 115/1938, subsequently dethroned by the provisions of Law no. 7/1996 and reaffirmed by the provisions of art. 885-886 in the new Civil Code, a lot was written about the principle of the constitutive or transferring effect of property-related rights of the registration with the land book. The principle of the opposability towards third parties of the registrations in the transcription and inscription registers vs. the principle of the constitutive or transferring effect of the registrations with the land book are the disjunctive categories representing the basis of the traditional dichotomy between the land recordation personal system and the real land recordation system. This study proposes a radiography of the theoretical and particularly the practical significances in terms of the content, the field of application and the exceptions from the principle of the constitutive effect in the regulation of the new Civil Code, not saving a comparative analysis with the opposability effect of the entries pursuant to Law no. 7/1996.

Again On The Constitutive Or Transferring Effect Of Property-Related Rights Of The Registration With The Land Book

“Lucian Blaga” University, Sibiu, Romania

International conference KNOWLEDGE-BASED ORGANIZATION

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Initially regulated by the provisions of art. 17 in the Decree – law no. 115/1938, subsequently dethroned by the provisions of Law no. 7/1996 and reaffirmed by...

Again On The Constitutive Or Transferring Effect Of Property-Related Rights Of The Registration With The Land Book

Publié en ligne: 24 nov. 2015

Pages: 479 - 485

DOI: https://doi.org/10.1515/kbo-2015-0082

Mots clés
the principle of the rights transferring effect or the constitutive effect, land books, the opposability toward third parties

© 2015 Gina Orga-Dumitriu, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Again On The Constitutive Or Transferring Effect Of Property-Related Rights Of The Registration With The Land Book

Publié en ligne: 24 nov. 2015

Pages: 479 - 485

DOI: https://doi.org/10.1515/kbo-2015-0082

Mots clésthe principle of the rights transferring effect or the constitutive effect, land books, the opposability toward third parties

© 2015 Gina Orga-Dumitriu, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
the principle of the rights transferring effect or the constitutive effect, land books, the opposability toward third parties