Despre transmiterea proprietății private asupra imobilelor în perioada de tranziție a sistemelor de publicitate imobiliară
Entry in The Land Register, The Perspective of The Transmission of The Property Right

Author(s): Oana Ispas
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Real Estate; Transfer; Opposability; Land Registry/Real Estate Register;
Summary/Abstract: The legal regime of the right of private property over real estate has experienced variations throughout the period of application of Romanian civil law, from ancient times to the present. In this paper, the research interest is the visualization of the legal perspectives of real estate advertising methods. With the help of the legal systems of bringing to the knowledge of all participants in the civil circuit of the holders of the rights of real property ownership, the subjective civil rights are protected by the erga omnes obligation to respect, and not to violate, the right of real property ownership with respect to which they have fulfilled real estate advertising formalities. From the present study it will be observed, on the one hand, that on the territory of Romania the real estate advertising systems were influenced by legal systems applicable at different times in the different historical regions, and on the other hand by the legal content of the effects, systems. of advertising have produced different legal effects: either of advertising, or of transmitting or constituting the right. The conclusion of the works brings into focus the need for a systematic, harmonized interpretation of the current regime of real estate advertising. The answer to the question "What is, by law, the legal nature of the effects of the entries in the Real Estate Register?", is constituted by the concordant application of the main normative acts incident to the matter: the Civil Code of 2011, Law no. 71/2011 implementing the Civil Code, Law no. 7/1996 The cadastre and Land Registration law together with the most recent special regulation Reception and storage regulation1 in the cadastre records and functional book approved by the Order of the ANCPI director no. 600/2023. Therefore, at this very moment, the following tabular rights are carried out in the Real Estate Register is strictly for the publicity of the formal constitutive legal operations of transmission of the right of ownership by means of a legal act concluded in the authentic form.

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