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Some Considerations On The Periodic Ownership

Author

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  • Ana-Maria Lupulescu

    (Faculty of Law, Bucharest University of Economic Studies, Romania)

Abstract

Under the previous legal regulation, periodic ownership had generated long and, most often, controversial discussions in the juridical literature. As a result, the Civil Code currently in force recognizes the existence of periodic ownership as a case of forced co-ownership, while establishing the basis for its creation, the rights and obligations of co-owners, as well as the ways to terminate this form of forced co-ownership (art. 687-692 Civil Code), even if it is regulated, inexplicably, in a separate chapter of the Civil Code, and not in the section dedicated to forced co-ownership. Unlike other cases of forced co-ownership, periodic ownership has a number of specific features, from several points of view, such as the criterion for determining the extent of the right belonging to each co-owner, its legal content or its exercise. For these reasons, we believe that a critical analysis of the applicable legal regulation in the field of periodic ownership could be relevant and useful both for theoreticians of law, but also for practitioners.

Suggested Citation

  • Ana-Maria Lupulescu, 2021. "Some Considerations On The Periodic Ownership," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 10(3), pages 252-257, December.
    • Handle: RePEc:sja:journl:v:10:y:2021:i:3:p:252-257
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    More about this item

    Keywords

    periodic ownership; forced co-ownership; juridical nature; particularities.;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law

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