Successive Transfers Relating to Movable Tangible Assets and Acquisition of Property under Article 937, Paragraph (1) of the Civil Code

• Author: Mara Ioan
• Position: Associate Professor, PhD, 'Alexandru Ioan Cuza' Police Academy of, Bucharest, Romania
• Pages: 24-30

ACTA UNIVERSITATIS DANUBIUS Vol. 11, no. 3/2015

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Mara IOAN

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Abstract: Apparently article 1275, paragraph (1) of the Civil Code covers all situations that may arise

in practice, without making a d istinction for the constituent or transferring contracts if they are of the

same or of different nature. However, we appreciate that article 1275 of the Civil Code does not apply

in all situations of successive transfers relating to movable tangible property granted by the same

legal subject. Corroborating this text with the norms in article 937 paragraph (1) of the Civil Code and

article1273 paragraph (1) of the Civil Code it leads to the solution according to which article 1275 of

the Civil Code regards only the cases where the transfer of successive property are of the same nature,

the onerous p rimary act has not resulted in immediate transmission of real previous right of the

document with the free subsidiary title and when the primal act is free, and the alternative is onerous.

It is excluded, thus from the application of the rule in question when the primary onerous act had as

effect the immediate transmission of the real right and then, but without having occurred the delivery

of the asset by the acquirer, it was concluded a document with a free title, subsidiary.

Keywords: tangible movable asset; property; possession in good faith; successive transmissions

1. By article 937, paragraph (1) of the Civil Code

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it was established a legal

absolute presumption of property (Luţescu, 1947; Boroi, Anghelescu & Nazat,

2013) according to which “a person who, in good faith, concludes with a non-

owner a document of ownership transfer with onerous title, concerning a movable

asset he becomes the owner of that property at the moment of taking it into his

possession”.

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Associate Professor, PhD, “Alexandru Io an Cuza” Police Academy o f, Bucharest, Romania,

Address: 1 A Privighetorilor Str., sector 1; Tel.: +40213175523; Fax +40213175517. Corresponding

author: marayoan@yahoo.com.

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(Bo roi, Anghelescu & Nazat, 2013): the applications of this provision are found in article 1275,

paragraph (1) and article 2121 of the Civil Code.

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To the contrary opinion see (Stoica, 2013). AUDJ, vol. 11, no. 3/2015, pp. 24-32

Successive Transfers Relating to Movable

Tangible Assets and Acquisition of

Property under Article 937, Paragraph

(1) of the Civil Code