The Legal Reflections of Material Appropriations

Matei Danil ()
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Matei Danil: Lecturer Ph.D., „Valahia” University from Targoviste

Anuarul Universitatii „Petre Andrei” din Iasi / Year-Book „Petre Andrei” University from Iasi, Fascicula: Drept, Stiinte Economice, Stiinte Politice / Fascicle: Law, Economic Sciences, Political Sciences, 2011, issue 8, 33-50

Abstract: Passing to a new Civil Code, adopted by Law no. 287/2009, after having applied the existing civil code for almost 150 years, urged the author to investigate the evolution of the juridical thinking – the legislator, the instances and the doctrine - in the matter of the properties related rights, classified by the nomenclature as "rights in rem” . The first Civil Code entirely national – the one in force is a copy of the French Code – is not getting out of the cultural authority of the Roman Right, which decisively determined the Napoleonic legislation. Thus, the two Codes “communicate” between them also as regarding some regulatory insufficiencies that the author claims to affect the social efficiency of the Law as normative work of the State, as officer of the political society. Are observed and critically treated: – the expression in norm of three property attributes – the possession, the use (usage) and the disposition – instead of only two – possession and disposition; the absence from regulation of the relation, which should be organic, between the attributes of property and its dismemberments (the useful rights it can be decomposed into); the failure to regulate the contracts for exploiting such useful rights; maintaining the juridical duality of possession – as attribute of the property and as detention legally protected outside the property; the special consideration given to the accidental possession; the limitation of the rights in rem as a „numerus clausus”.

Keywords: property; possession; use; disposition; detention (search for similar items in EconPapers)
JEL-codes: A23 G28 (search for similar items in EconPapers)
Date: 2011
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