THE LACK OF REGULATION IN THE ROMANIAN CIVIL CODE OF THE LEGAL SOLUTIONS OF PRINCIPLE IN THE FIELD OF REAL RIGHTS
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2017, Vol 9, Issue 11
Abstract
Romanian Civil code – Law no. 287/2009, entered into force at 1st of October 2011 – thoroughly regulates the matter of real estate rights. Unfortunately, the legislator had chosen that in some situations not to regulate a certain principle solution, useful for the determinate purposes of the subjects in their civil relations. In these cases, the Romania Civil code sends to the Court, which has to decide from case to case. In the present study, we identified all the situations where the Romanian Civil code mentions such references and we proposed – de lege feredenda – some landmarks which the legislator could take into account in order to fix this lack of regulation.
Authors and Affiliations
Aurelian Gabriel ULUITU
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