Aspects concerning the immovable accession from the perspective of the new Civil Code

AuthorAna-Maria Lupulescu
PositionBucharest University of Economic Studies ? Law Department
Pages121-132
Aspects concerning the immovable accession from the perspective
of the new Civil Code
Lecturer Ph.D. Ana-Maria LUPULESCU
1
Abstract
The new Civil Code introduces several important changes and clarifications
regar ding the ownership right in general, including in the matt er of the ways of acquiring
private ownership. Among the ways of acquiring the private o wnership right, the accession
gets in the new Civil Code a legal regula tion which is much more precise and better
systematized, especially in relation to the a rtificial immovable accession, the legislator thus
responding to practica l needs, a s they have been raised in the jur isprudence, but a lso to
controversial issues outlined in the juridical doctri ne.
This paper aims to conduct a comparative analysis, which is necessary to both the
analyst in la w and the practitioner, between the old re gulation conta ined in the Civil Code
of 1864 and the current regulation provided by the new Civil Code in the field of
immovable accession, with specia l attention to a rtificial immovable a ccession, due to its
practica l incidence.
Keywords: private ownership right, ways of acquiring, accession, immovable a ccession,
artificial immovable accession.
JEL Classification: K11
1. Preliminary considerations
The new Civil Code2 introduces several important changes and
clarifications regarding the ownership right in general, including in the matter of
the ways of acquiring private ownership.
Thus, under the prior regulation, the legal enumeration of the general ways
of acquiring private property right contained in art. 644 and 645 of the 1864 Civil
Code3 had been considered in the juridical literature primarily incomplete, because
it did not refer to the constitutive or translative of rights judgments or to the way of
acquiring movable goods and fruits by possession in good faith. Equally, this list
has been criticized as confusing, because it mentioned the succession, without any
explanation, and distinctly legacies (in fact testamentary succession) as ways of
acquiring private ownership right4.
1 Ana-Maria Lupulescu, Bucharest University of Economic Studies Law Department,
anamarialupulescu@yahoo.com
2 Law no. 287/2009, republished in the Official Journal of Romania, Part I, no. 505/15.07.2011.
3 Art. 644 and 645 of the 1864 Civil Code had provided the following ways of acquiring ownership
right: succession, legacies, convention, handing over, accession or incorporation, prescription, law
and occupation.
4 See, in relation to all these critics, L. Pop, Dreptul de proprietate şi dezmembrmintele sale, Lumina
Lex Publishing House, Bucharest, 2001, p. 209-210 and the authors mentioned therein; P. Vlahide,
Repetiia principiilor de drept civil, vol. I, Europa Nova Publishing House, Bucharest, 1994, p. 112.

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