2018
Alexandru – Radu TOGAN, PhD Student, Faculty of Law, University of Bucharest, The analysis of the different legal effects associated to land registration and the solution adopted in the Romanian legislation
Abstract: The present article analyses the role of the publicity mechanisms for the static and dynamic security of the civil circulation of goods. The Romanian legal system presents certain particularities concerning the real estate publicity, mainly in aspects as the applicable law to certain transactions and as the state of the land registry process for each territorial and administrative unit of the state. Even after more than 7 years after the New civil Code became operative, this law stating that a constitutive effect should be associated to the land registration, the named effect only applies in an inconsistent manner, in limited areas. Because of this reason, the process of comprehending and applying the real estate legislation is not an easy task.
Keywords: Land registry, constitutive effect, effective against third parties, static and dynamic security, real estate rights, presumptions
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