Artificial Real Accession in the Romanian New Civil Code

Ana-Maria Diaconu
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Ana-Maria Diaconu: “Constantin Brâncusi” University of Târgu Jiu

Annals - Juridical Science Series, 2010, vol. 4, 211-224

Abstract: The problem of artificial real accession in the Romanian new Civil Code will be analyzed in this study both in terms of current Civil Code provisions and in terms of a future regulation, the new Romanian Civil Code, which will bring some changes about application but also about the solutions regarding accession as a way of acquiring ownership. The provisions of art. 493 and 494 of the current Civil Code present the hypothesis for operating the artificial real accession. Under the provisions of two articles must make some distinction between the hypotesis in which the owner of the real estate is building itself, or making plantations and works with foreign materials (art. 493 Civil Code.) and the hypotesis in which a person is making this type of works but with own materials on the real estate over which has the right of property another person (art. 494 Civil Code). Although the art. 494 Civil Code does not refer expressly to the third case, it can be applied by analogy, where one person builds with the materials to a third party on the property owned by another person. All three hypotheses are envisaged in art. 580-585, and in art. 594 of the new Romanian Civil Code, being confined to the provision of principle stipulated in the art. 577, paragraph 1 of the same document, that "the buildings, plantations and other work on a real estate return to the owner of the property if by the law or other legal act do not provides otherwise".

Keywords: acquiring ownership; the good faith; the bad faith; the builder; Civil Code (search for similar items in EconPapers)
JEL-codes: K11 (search for similar items in EconPapers)
Date: 2010
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