Molcut, Emil Ciutacu
LESIJ NO. XIX, VOL. 1/2012
SOME CONSIDERATIONS REGARDING THE JURIDICAL REGIME
OF THE ACCESSION
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.
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
* 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: email@example.com).