Sunt bunurile incorporale susceptibile de posesie?
Are intangible assets susceptible to possession?
Author(s): Ioan PopaSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: intangible assets; possession; intangible property; corpus possessionis; animus possessionis
Summary/Abstract: The study dealing with the possession of intangible assets intends to examine, from the point of view of the Romanian law, as well as of the comparative law, in particular the French one, whether intangible assets, in general, are susceptible to possession, which would be the nature of such possession, in case we give a positive answer to the main theme and, in the end, which would be the potential effects of such possession.From the beginning, the study presents briefly the way in which, from the ancient times of Roman law, lawyers have tried to define intangible property, its existence over time and, especially, the increasing importance of this type of property in the current times, characterized by the unprecedented expansion of the material in relation to the ownership of tangible assets. After that, possession, in general, is examined in essence, by applying the general theory of possession to the intangible matter of the assets, in particular to the corpus posesoriu. In the end, through the conclusions proposed, the study finds that, although intangible assets are susceptible to possession under the current general theory of possession, the practical effects of such possession are extremely small and, for the moment, make the theory of the possession of intangible assets rather a theme for theoretical debate than a theme with deep practical implications.
Journal: Revista Română de Drept Privat
- Issue Year: 2010
- Issue No: 05
- Page Range: 85-104
- Page Count: 20
- Language: Romanian
- Content File-PDF