UZUCAPIUNEA - UN MOD DE DOBÂNDIRE A DREPTULUI DE PROPRIETATE
USUCAPTION - THE ACQUISTION METHOD OF PROPERTY RIGHT

Summary/Abstract: The following article will prevail information about usucaption, one of the civil institutions, which has the effect of acquiring the property right. Adverse posession, in the course of time, suffered different changes. In Roman law usucaption had a significance importance, which at that time it had the role of ”probatio diabolica” during the civil trial. In the 1864 Civil Code, adverse posession was the only absolute proof of property right.Usucaption structure includes untainted possession and manifestation of the owner’s will, both being necessary for acquiring the property right.The civil code includes usucapion of real estate and usucaption of movable assets.The adverse posession converts de facto conditions in de jure conditions.

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