Acţiunile de carte funciară în interferenţă cu acţiunile de drept comun
Book land actions interfering with the common law actions

Summary/Abstract: This study intends to observe the interaction between common legal proceedings and special legal proceedings, specific to the land registration system, as this interaction reflects the degree of compatibility between Romanian civil law – of consensualist orientation – and the land registration system. Through the comparative analysis of these two categories of legal proceedings, the present study aims to: (I) provide criteria to help avoid confusion between the terms of the comparison, as well as (II) identify the modalities of interaction between the two types of legal proceedings and the ways of reciprocal influence on their legal regime. The research constantly refers to the relevant rules of substantive law, trying to identify the influence of the land registration system – regardless of whether it has general or merely third-party effectiveness – on the effectiveness of the contract itself. This influence does not go as far as replacing the contract as the efficient cause of legal situations.

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