DREPTUL DE UZUFRUCT ŞI EXPROPRIEREA PENTRU CAUZĂ DE UTILITATE PUBLICĂ. APLICAŢIE A CAZULUI FORTUIT SAU CAUZĂ SPECIALĂ DE STINGERE A DREPTULUI?
THE USUFRUCT AND THE EXPROPRIATION FOR CAUSE OF PUBLIC UTILITY. APPLICATION OF THE FORTUITOUS CASE OR SPECIAL CAUSE OF EXTINCTION OF THE RIGHT?

Summary/Abstract: The present study deals with two (partially) distinct ways in which the right of usufruct is extinguished or, as the case may be, changes its object. It is about the expropriation for the cause of public utility and the fortuitous case, which, because of the effects they produce, they may be subjected to a comparative analysis, in order to emphasize in particular the similarities between them, similarities that call into question the justification of the difference in legal regime created with the entry into force of the current Civil Code. The present analysis will focus on how each of these legal institutions operates and then compare the resulting conclusions. The main working hypotheses are the one in which, reported to the will of the bare owner and the usufructuary, the expropriation can be foreseen (and, therefore, taken into account when the right of usufruct is established) and the one in which, finding that it intervenes without being foreseen and prevented, meets the conditions of a fortuitous case. This last hypothesis is the one that causes problems both theoretically and practically, because the rules regarding the application of the civil law become incidental. The created situation, namely the conflict of laws, gives rise to several solutions, each with its shortcomings, from which those who apply the law are forced to choose when they receive a concrete case for resolution. Also, the legislator, considering the state of uncertainty regarding this situation, should take into account the analysis between the two institutions, in order to bring them into agreement, in order to ensure the uniform application of the principles governing the new general regulation. Thus, the objective of the research is to highlight the legal problems that exist at the moment and formulate a proposal in relation to the ways in which the regulation can be improved. Following the analysis, it can be observed how the general regulation, that of the Civil Code, has evolved, introducing the possibility of exercising a usufruct over some consumable goods, while the special law that provides for expropriation has remained behind, preserving the principles considered in the past by almost 30 years. Precisely for this reason, expropriation ended up overlapping with the institution of the fortuitous case, which, in the current regulation, produces other effects than those it produced when expropriation was regulated.

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