Real estate publicity 81
2.1. The publicity system by cadastral registers
The inconveniences of this system are mostly removed and a superior degree
of certainty in ensured through the system of cadastral registries which - as any
real estate publicity system - is based on the topographical (cadastral) identification
of immobile and achieves the full and complete immobile publicity of the
transmissions and constitution of real immobile goods.
The publicity system of cadastral registers is a real publicity system, which
belongs to German law unlike the consensual personal publicity system which was
passed under the influence of the French Napoleon Code.
The notion of cadastral register appeared as an official and public register
which describes an immobile and the real right, as well as the personal rights, facts
and other legal relations, but only in the expressly regulated cases. The cadastral
registers are the central point of the legal relations by which real rights are formed,
passed, changed or ended and are meant to provide a certain and complete
information on the legal conditions regarding a certain immobile.
This information entails the individualization of the good and its content, the
identity of the person who is entitled to exercise a right over that good, the title on
which this right is founded, some restrictions of exercising the right because of the
personal situation of the holder, the potential mortgage of this good.
The cadastral registers, traditionally called founding books - called as such
given the legal traditions originates in the Latin work fundus, which means
property over land. After Transylvania was incorporated by the Austrian Empire,
the Leopold Diploma of 1781, thought to be the first fundamental law for this
historic province introduced cadastral registers: first in 1794, in the border
territories which were subject to Austrian law (Nasaud area, the so-called
Hungarian regions) called by the Vienna Chancellery as Landtafel –Patent; in
1870 in the other “Austrian law” territories of Ardeal, and in 1855 in Banat,
Crisana, Satu Mare and Maramures, which were until that point subject to habitual
law passed by popular traditions to the Romanian population, thus being applied
at the same time as local Hungarian law. From a legislative perspective, the
cadastral regime was regulated by the 1811 Civil Code, the 1794, 1855 and 1870
ordinances, as well as local laws.
In Bukovina, which was an Austrian territory in 1812, the law of 1873 adopts a
similar model based on the Germanic system.
After the Great Unification of December 1st, 19187, the extension of the
cadastral registers system was extended throughout the entire country. The
Council formed in Sibiu after the administrative take over of Transylvania on April
2nd, 1920 maintained this system in Transylvania.
7 Concerning the legislative unification carried out in the context of the Great Unification, see
C. I. Murzea, R. Matefi, Evolution of the Romanian State and Law, Hamangiu Publishing House,
Bucharest, 2015, p. 232.