2012
Legal protection of precarious detention through actions of the possessor- Păcăleanu Adriana Elena
Abstract: The actions performed by the persons who posses for others have involved many doctrinaire debates and an inconsecvent practice over time.The New Romanian Civil Code ,which entered into force in october 2011, seems to dissolve many of the controversies.In this study, we propose, firstly, to performe an analisys on the evolution of the concept of precarious detention and how the two theories about possesion of the nineteenth century have influenced the legal protection of those who posses for others .The rapidity of the legal relationships that characterize our times determinated ,in the end, the merging of the two concepts.That ment the posibility for the one who only has the detention of the asset to perform the actions of the possesor.This was the choice that the romanian legislater made in 2009 in The Project Of The Civil Code.We tried to present the most important theses on which the legal literature and the jurisprudence have emerged conflicting opinions.We joined an opinion or another, sometimes making objections on the solution given by the doctrine.
Key words: precarious detention, corpus, action of the possessor, perturbation, dispossession
« back