Implicaţiile reglementărilor elveţiene şi româneşti privind servituţile asupra conceptului de dezvoltare comunitară
Effects of Swiss and Romanian provisions regarding servitudes upon community development concept

Summary/Abstract: The purpose of our paper is to analyze the concept of “community development”, a plurality of mechanisms that aim to community welfare, and to focus on the role of civil and urban servitudes in this process. We shall focus on the servitudes’ characteristics, as they are emphasized in the Swiss Civil Code, the case study we shall mention being the reflection of the way entire cities seem to be in an incessant renewal process, which allows them to survive, despite the everchanging nature of human activities. Inevitably, local community becomes an actor in this scene of solving large amount of collective problems, the concept of community development referring to the creation, recreation, rehabilitation of community conditions, that make possible collective welfare. Nevertheless, Romanian New Civil Code specifies the delimitation between servitude rights and legal limits for the exertion of property rights. From this point of view, we consider to be a real challenge the analysis of social tendencies and legal provisions regarding property rights and real servitudes, among legal systems of European countries, as they have both identical and different elements.

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