The cadastral registration of the property right

• Author: Diana-Geanina Ionas
• Position: Transilvania University of Brasov
• Pages: 153-160

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 10 (59) No. 2 - 2017

THE CADASTRAL REGISTRATION OF

THE PROPERTY RIGHT

Diana-Geanina IONAȘ1

Abstract: Real rights are subjective patrimonial rights which provide the

holder with the right to directly exercise certain prerogatives over a determined

good. Real rights over immobile goods, registered in the cadastral register are

called tabular rights. Cadastral registration is that certain form of registration

by which a real right over an immobile good is acquired, changed or ended,

from the time de registration request is filed. At this time, registration in the

cadastral register provides the opposability effect, as the constitutive effect is

suspended until the cadastral works are finalized and new cadastral registers

are created for each administrative unit.

Key words: property right, registration, cadastral register, cadastral

registration..

1. About Real Rights

Real rights are subjective patrimonial rights which provide the holder with the right to

directly exercise certain prerogatives over a determined good (Bârsan,C., 2015, p.23).

Real rights are different from claim rights, as they are of absolute character, opposable

erga omes, of permanent character and formed over a long period of time, thus giving

birth to the preference right.

Real rights, as defined by the new Civil Code are: property right (public or private); real

rights which derive from the private property right: superficies right, benefit right, use

right, habitation right, encumbrance right, administration right, concession right and the

free use right (these are real rights which correspond to public property), immobile

mortgage right, other rights which are provided with this character by law.

2. General Aspects regarding the Cadastral Register

Article 876 of the Civil Code states the following: “The cadastral register describes

immobile goods and shows the real rights over these goods. In certain cases stated by law,

other rights, facts or legal relations can be registered in the cadastral register, if they

pertain to the immobile goods registered in that register”.

A more restricted definition states that the cadastral register can be defined as that

public document which describes immobile goods and shows the real rights, acts, facts or

legal relations regarding that immobile good, as well as the people who hold these rights

(Nicolae, 2011, p.169). A wider definition states that the cadastral register consists of the

1 Transilvania University of Braşov, diana.ionas@unitbv.ro