The constitutive effect related to the entries in the land register

Abstract

In order to be the owner of a right in rem, such as the real estate, someone is obliged to register his/her right in the land register. Thus, the registration becomes a genuine requirement in order to obtain a certain right. The paper is divided into three closely linked chapters, with one purpose: to emphasise the advantages and the drawbacks of this effect. In the first section, the study aims to define some of the main notions and describes the applicable principles. The second chapter tries to analyse, in a comparative manner, different legal systems in this field (the German, French and Swiss) and to place the Romanian systems among them. Furthermore, regarding the fact that this effect related to the entries in the land register has been recently reintroduced in the Romanian legal system with some differences, the last chapter aims to analyse when all those differences come into force.