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

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  • Peptan, Rodica

    („Constantin Brâncusi” University of Târgu-Jiu)

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    Abstract

    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.

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    Bibliographic Info

    Article provided by Constantin Brancusi University, Faculty of Juridical Sciences in its journal Constatin Brancusi Univeristy of Targu Jiu Annals - Juridical Sciences Series.

    Volume (Year): 4 (2010)
    Issue (Month): (December)
    Pages: 129-152

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    Handle: RePEc:cbu:jrnlju:y:2010:v:4:p:129-152

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    Keywords: Acquisitive prescription; usucaption; gaining real rights; usufruct; use of occupancy; servitude; superficies.;

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