SOME CONSIDERATIONS ON THE PERIODIC OWNERSHIP

Ana-Maria Lupulescu ()
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Ana-Maria Lupulescu: Faculty of Law, Bucharest University of Economic Studies, Romania

Perspectives of Law and Public Administration, 2021, vol. 10, issue 3, 252-257

Abstract: Under the previous legal regulation, periodic ownership had generated long and, most often, controversial discussions in the juridical literature. As a result, the Civil Code currently in force recognizes the existence of periodic ownership as a case of forced co-ownership, while establishing the basis for its creation, the rights and obligations of co-owners, as well as the ways to terminate this form of forced co-ownership (art. 687-692 Civil Code), even if it is regulated, inexplicably, in a separate chapter of the Civil Code, and not in the section dedicated to forced co-ownership. Unlike other cases of forced co-ownership, periodic ownership has a number of specific features, from several points of view, such as the criterion for determining the extent of the right belonging to each co-owner, its legal content or its exercise. For these reasons, we believe that a critical analysis of the applicable legal regulation in the field of periodic ownership could be relevant and useful both for theoreticians of law, but also for practitioners.

Keywords: periodic ownership; forced co-ownership; juridical nature; particularities. (search for similar items in EconPapers)
JEL-codes: K11 K15 (search for similar items in EconPapers)
Date: 2021
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