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General Consideration regarding the Discrepancies Raised by Usucaption after the New Civil Code Came in Force

Author

Listed:
  • Marian RUSSO

    (University of European Studies of Moldova)

  • Leonid CHIRTOACA

    (University of European Studies of Moldova)

Abstract

The deployment of the technicality by the law maker in the regulation of the usucaption estate establishment in the context of the New civil code viewed from the perspective of desire and necessity for increased accessibility and stability, in practice encount unilateral and discretionary administrative- jurisdictional interpretations determinants in the drain of the content and the role of the legal norm. It is being born a contrast and a conflict between the indisputable social patrimony legal value of the ownership such as it is protected in L.287/2009 and the legal norms that have a lower normative power that the commun law în the matter, respectively the cadastre and real estate advertising law, number 7/1996 with his appendix - the ANCPI president's order 700 of 2014 regarding the approval of the regulation of drafting, reception and registration in the cadastral and real estate records, the latter, achieving, at different areas, forbidden additions to the law. Considerations of inadvertences in the real estate usucaption matter after the adoption of the New civil code.

Suggested Citation

  • Marian RUSSO & Leonid CHIRTOACA, 2017. "General Consideration regarding the Discrepancies Raised by Usucaption after the New Civil Code Came in Force," Anuarul Universitatii „Petre Andrei” din Iasi / Year-Book „Petre Andrei” University from Iasi, Fascicula: Drept, Stiinte Economice, Stiinte Politice / Fascicle: Law, Economic Sciences, Political Scien, Editura Lumen, Department of Economics, vol. 0(20), pages 97-109, December.
    • Handle: RePEc:lum:rev11d:v::y:2017:i:20:p:97-109
    DOI: 10.18662/upalaw/06
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