Animus – Manifest Intention of the Patrimonial Expansion or Penalty for the Non-diligent owner? Cover Image

Animus – Manifest Intention of the Patrimonial Expansion or Penalty for the Non-diligent owner?
Animus – Manifest Intention of the Patrimonial Expansion or Penalty for the Non-diligent owner?

Author(s): Aurel Băieşu, Marian Russo
Subject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: Animus; evolution; grabbing instinct; possession; property;

Summary/Abstract: The research of the evolution of the instinctual element of acquiring property over a good transcends the economic interest, positioning itself as a pure biological nature. From the need for food, tools and up to the construction of homes and households, property is found to be closely linked to a series of individual abilities assimilated to force, social imposition, instinct and self or group interest.The deep knowledge of this component construct of the possession – animus, notices an increased practical importance, given that its analysis will generate a correct perception on the elements that govern the possession in the complex landscape of the notion of property.Animus, in particular, must be seen from the perspective of the conduct of the possessor in good faith, but also of that belonging to the passive subject, as long as the intellectual attitude of the active subject often oscillates between sincere erroneous perception and subjective manifestation of patrimonial expansion. This article tends to methodically demonstrate the connection between natural possession and the right to consolidate the character of the acquisition, the good keeping for himself and the economic capitalization of the possession.

  • Issue Year: VIII/2020
  • Issue No: VIII
  • Page Range: 481-489
  • Page Count: 9
  • Language: English