Real Estate Publicity and Acquisitive Prescription

Acquisitive prescription as a way of acquiring the main rigts in rem, that are usually real estate rights, arises the question of its relation to the public real estate system regarding various aspects, related to the type of regulation of the two law institutions at a given moment.acquisitive prescription, real estate publicity, property right, usucapio, just-title

Usucapio After the Enforcement of the Law No. 7/1996

In the context of contrary opinions in literature and juridical practice created upon the survival of previous real estate advertising systems for a while, the legislative intervention from 2005 through which Law no. 7/1996 was amended and especially the intervention of H.C.C.J. which decided to end the enforcement of previous real estate advertising systems after the enforcement of the Law. no. 7/1996, were not enough to provide a unitarian vision on the problem of usucapio started before, but not accomplished by the enforcement of the Law. no. 7/1996 or fulfilled but not judicially called, respectively not registered in the land registry on the acquirer’s name, in the case of extra-tabular usucapio, up to this moment.aquisitive prescription, usucapion, Law no. 7/1996, New Civil Code

Subjective Rights that may be Acquisitively Prescribed in the System of the Valid Civil Code

From the text of art. 1837, art. 1844 and art. 1895 Civil Code, we get the idea that the acquisitive prescription is applied to the property right. Other regulations (1846 Civil Code , art. 623 and 624 Civil Code ), but, I complete that, by supporting the conclusion of the judicial doctrine and practice, namely not only the property right, but also the other main real rights – usufruct, use, occupancy, servitude and superficies – may be gained by means of the short or long term acquisitive prescription, basing on a specific possession. The accessory real rights (such as the pledge right, the mortgage right, the special privileges and the retention right), the claiming rights , the intellectual property rights and the non-patrimonial rights cannot be gained as an effect of their exertion, as long as it is.Acquisitive prescription, usucaption, gaining real rights, usufruct, use of occupancy, servitude, superficies.