The Legal Regime of the Right to Private Property in Romania
The Legal Regime of the Right to Private Property in Romania

Author(s): Ciprian Raul Romițan
Subject(s): Civil Law
Published by: Scientia Moralitas Research Institute
Keywords: absolute right; disposal; possession; real right; right to private property;
Summary/Abstract: In Romania, the right of the titleholder to possess, use and dispose of an asset in an exclusive, absolute and perpetual manner is guaranteed and protected equally by the law, regardless of the titleholder. In this regard, both the Constitution of Romania and the Civil Code and numerous legislative acts adopted after the December 1989 Revolution regulate private property. Also, given that the right to property is one of the fundamental human rights, in addition to the internal legal regulations, one must also take into account the international treaties and conventions ratified by Romania, such as the European Convention on Human Rights and Fundamental Freedoms and its additional Protocol no. 1 which states that “no one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law”. The study presents an analysis of how the Romanian law regulates one of the most important and ample real rights, namely the right to private property which is also a full right because the owner has full powers over his asset.

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