Obiectul cãrtii funciare în lumina noului cod civil - dispozitii speciale privind înscrierea drepturilor tabulare
The object of the land book in the light of the new civil code - special provisions regarding the registration of the real estate registration rights

Summary/Abstract: According to the provisions of art.876 of the New Civil Code regarding the purpose and the object of the land book, the legislator refers to a division of the object of the land book into a material object and a judicial one. As regards the material object, which is the real asset, it is defined in a different manner from the point of view of the land book, in paragraph 3 of article 876 (as being the land with or without any buildings), as compared to the general definition of the real asset, contained in art. 537, since, from the point of view of the land book, what is incorporated in the land and is not a building, naturally or artificially, having a permanent character, depends only on the description of the real asset or the specification of the use category, as the buildings are registered separately as per the provisions of article 19 paragraph 1 letter b of the law on cadastre and of art.94 of the Regulation for organizing and operating of the offices of cadastre and real estate publicity. The legal object of the land book is represented by the rights bearing over the real asset, the deeds and the legal relationships related to it, however, this study passes in review only the real rights. This occurs since the new code regulates new real rights, redefines certain real rights regulated by the ancient code, the ways of obtaining certain real rights, raising questions in relation to obtaining them based upon certain unilateral legal deeds inter vivos, but not only. The claim rights, the deeds and the legal relationships pertaining to the real asset shall be examined in a study about their registration in the land book, since, as regards them, the effects of the registrations depend on the object, while, as regards the real rights, the effect of the registration depends on the way of obtaining the right, but not on the nature of the right. The registration procedure of the law on cadastre was not supplemented adequately by the law on the enforcement of the new code, so that the registration of certain real rights needs an explanation from the point of view of the rules of substantive law of the code.

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