Obiectul dreptului de proprietate în sistemele de drept Europene – abordările categoriei de quasi-lucruri
The object of property right regulation in European legal systems – approaches on the quasi-things category
Author(s): Mircea GladchiSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: property rights; the economic concept of property; the duality of civil law; quasi-things; things; goods;
Summary/Abstract: The problem of identifying the object of the property right from other civil law institutions and not only, is one of those that the modern society is facing. The continuous evolution of the humanity creates new typesand manifestations of objects that are necessary to be included in the civil circuit. The appearance of new objects such as digital goods or other things similar and trying to include them into an existing structural form, deteriorates from the concept of existing civil law institutions such as for example property right. The thing that the lawmaker accepts such objects and tries to regulate them is very good, but unfortunately he doesn’t give them a specific definition or the institution they are a part of is incomplete. As a result, the article proposes the creation of a new category of quasi-things that characterizes these types of objects. The quasi-things being a bridge between the patrimonial rights and the things – as they are defined by the national law.
- Issue Year: 1/2021
- Issue No: 13
- Page Range: 246-258
- Page Count: 13
- Language: English, Romanian