Some considerations regarding the juridical regime of the accession

• Author: Emil Molcut - Ionut Ciutacu
• Position: Professor, Ph.D, Faculty of Law, 'Nicolae Titulescu' University, Bucharest, Romania - Senior Lecturer, Ph.D, Faculty of Juridical and Administrative Sciences, 'Dimitrie Cantemir' Christian University, Bucharest, Romania
• Pages: 19-25

Emil

Molcut, Emil Ciutacu

19

LESIJ NO. XIX, VOL. 1/2012

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SOME CONSIDERATIONS REGARDING THE JURIDICAL REGIME

OF THE ACCESSION

Emil MOLCUX*

IonuY CIUTACU**

Abstract

The juridical institution of the accession derives its origin from the norms of the Roman

private law that consecrated the criteria according to which a property is defined as being principal

or accessory. In agreement with these criteria - of a patrician origin - a property was considered to

be principal when it did not lose its individuality after the accessory was incorporated to it. This rule

was taken over by the Romanian legislator since 1864. But, once the new Civil Code was adopted in

2011 a redefinition of the criteria concerning the two properties was specified: the most valuable

property will be considered as principal; this redefinition will become the law for the mentality of a

whole social category.

Keywords: roman private law, accession (lat. accessio), ancient civil code, new civil code,

criteria of classifying the principal property and the accessory.

Introduction

The main concern of this essay is about the juridical institution of accession (accessio) from

the moment it was consecrated in the Roman juridical texts up to the moment when the Romanian

law-maker adopted a New Civil Code. This juridical institution supposes the absorption of the

accession by the principal property or, from this point of view the Romanian New Civil Code brings

forth certain new elements concerning the accession, establishing new ways of defining the principal

and the accessory property. This new element is very important, as the owner of the principal

property will get - by virtue of accession - the ownership over the accessory asset. A deeper analysis

of the provisions of the New Civil Code points to a certain alienation from the ancient Romanian

juridical tradition - that was taken over by the provisions of the Civil Code adopted in 1864 -

although the juridical form of its specificity was maintained in the chapter about the accession.

Consequently, the factors determining a certain juridical regulation were changed.

The research envisaged by this essay raises a series of fundamental questions: which were the

reasons that imposed the change of the factors determining the content of a juridical norm or, whom

does this modification serve to? At the same time, our approach to the problem will prove its utility

by underlining the aim of the new legislative policy in the domain of accession.

The analysis of the objectives in view is divided into four sections. The first section of the

essay will deal with the Roman private law which had estab lished the accession in agreement with

the old Roman conception about ownership. The second section will devote to the analysis of certain

norms from Andronache Donici’s Juridical Manual, „Amendments to the Law” and from Calimah’s

Code, as to notice the modifications appeared, in the feuda l age, in this domain. The third section will

analyze the way in which the accession and the specification were defined in certain codes adopted in

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* Professor, Ph.D, Faculty of Law, ”Nicolae Titulescu” University, Bucharest, Roma nia.

** Senior Lecturer, Ph.D, Faculty of Juridical and Administrative Sciences, ”Dimitrie Cantemir” Christian

University, Bucharest, Romania (e-mail: ionutciutacu@yahoo.com).