Regimul juridic al servituţilor din perspectiva dreptului privat comparat
SERVITUDES’ LEGAL SYSTEM FROM THE COMPARATIVE PRIVATE LAW POINT OF VIEW

Summary/Abstract: This paper work deals with the way that legal rules, concerning public property, mix with those concerning private property, in such a way that the art of living in cities located in the European cultural space, could be improved in the most harmonious way. We shall analyse the characteristics of the servitudes, whether they are applicable under private law rules, or as limits that have to be obeyed by individuals when concerning the public domain. Property rights are stipulated by the modern Civil Codes, most of them being inspired by the Napoleonian Civil Code. Romanian Civil Code from 1865 stipulated that property rights refer to the aptitude of enjoying and disposing of goods in an exclusive and absolute manner, but respecting the boundaries established by law. We shall analyse the definition of „servitude” from the French Civil Code, emphasizing the meaning of the „destination du père de famille” principle, the tigni immittendi and oneris ferendi servitudes, urbanistic servitudes. The second chapter deals with servitudes, as they are classified by the Swiss Civil Code, pointing to the role of civil servitudes established in case of collective ownership (propriété par étages- P.P.E.). Nevertheless, we shall focus on the Romanian legal rules regarding servitudes.

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