Critical considerations with regard to the regulation of assets in the Civil Code Cover Image
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Considerații critice în legătură cu reglementarea bunurilor în Codul civil
Critical considerations with regard to the regulation of assets in the Civil Code

Author(s): Teodor Bodoașcă, Natalia Saharov
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: assets; common assets; partition of common assets.

Summary/Abstract: This paper presents the meaning of the term „assets” in Article 535 of the Civil Code and, at the same time, highlights its incorrect use in some of the other texts of the Civil Code and other statutory instruments, in disagreement with the new terminological option. Likewise, it raises a discussion on the lack, within the Civil Code, of a minimum of general rules dedicated to „common assets”, irrespective of their nature, quality of holders and source of community. Finally, following the presentation of negative consequences of the reported shortcomings, some legal remedies are proposed.

  • Issue Year: 2014
  • Issue No: 01
  • Page Range: 57-65
  • Page Count: 9
  • Language: Romanian
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