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The Usucapio Institution In Light Of The Changes Brought By The New Civil Code

Author

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  • Augustin Florinel Claudiu Ignat

    () (Dolj Bar Association lawyer, Romania)

Abstract

The present work treats the Usucapio institution as a special means of acquiring the right of property over real estate assets, regardless of the nature of the immovable asset, whether it is a land or a construction. The work outlines the novelties of the New Civil Code in matter of extinctive prescription, both concerning the means of acquiring property by real estate usucapio and regarding the terms and forms of real estate extinctive prescription. The New Civil Code institutes two new forms of real estate usucapio, tabular and extra -tabular usucapio which, according to the manner in which they are regulated from the point of view of the terms for fulfilling the acquisition prescription, nevertheless shorten the period of time corresponding to the temporary holder’s possession, regardless of the title by which it acquired possession and who can thus acquire property over a rea l estate asset by requesting the acknowledgement of the right of property over a period of time between 5 and 10 year,depending on the nature of the institution of the prescription invoked.

Suggested Citation

  • Augustin Florinel Claudiu Ignat, 2015. "The Usucapio Institution In Light Of The Changes Brought By The New Civil Code," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 4(1), pages 98-102, December.
  • Handle: RePEc:sja:journl:v:4:y:2015:i:1:p:98-102
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    File URL: http://www.businesslawconference.ro/revista/articole/an4nr1/Art.%2017%20Claudiu%20Ignat%20EN.pdf
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    Keywords

    usucapio; tabular usucapio; extra-tabular usucapio; extinctive prescription; real estate.;

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law

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