Despre relaţii între bunuri în reglementarea Codului civil: o unitate în pluralitate
On property relations in the Civil Code: unity in plurality
Author(s): Elena-Cornelia MunteanuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: relationship of subordination; accessory; accessority; accession; component parts; relationship of coordination; universalities of fact;
Summary/Abstract: When a good is objectively and subjectively linked to another and cannot have a different legal fate, we are in the presence of the accessory. Solidarity can be further accentuated so that, as we shall see, it gives rise to a unique good, and when, despite this unity, it has an existence of its own, we speak of universalities. In the first case, a relationship of subordination will be established between the accessory good and the principal good, whereas, in the case of universalities, a relationship of coordination will be established between the goods making up the universality. The present study aims precisely at analyzing the aspects related to these relationships, dealing with the accessory relationship in the old and in the new Civil Code, the extreme form of this relationship, namely the incorporation of the accessory good into the main good, some considerations related to art. 538 Civil Code and the difference between accessory goods and component parts of a good, in particular an immovable property, and universalities of fact in general.
Journal: Revista Română de Drept Privat
- Issue Year: 2021
- Issue No: 02
- Page Range: 25-47
- Page Count: 23
- Language: Romanian
- Content File-PDF