Some aspects of the usucapio in the new Romanian Civil Code

Abstract

As the Romanian legislative framework governing land registration system is returning to its original principle of constitutive effect upon the rights recorded, meanwhile being subjected to various legal and technical reforms, the renewed statutory environment for acquisitive prescription in Civil Code is called to offer an answer suitable to current requirements for a perpetuation of the split-up between factual and legal growing, at a certain point, unacceptable.

The partial transposition of dispositions previously held in Decree-Law No. 115/1938, the spectacular reduction, where possession has commenced under the new law according to Law No. 71/2011, of the timeframe necessary for the acquisitive prescription to come into effect, the setting forth of the circumstances in which acquisitive prescription applies for lots unrecorded in the land registry, as well as the reformulation of some norms concerning basic principles of the inscription, such as the legitimacy of the recording, as well as the separate rules contained in the Code of Civil Procedure for procedural requirements pertaining to the recording of the acquired right in real estate, included expressly stating the non-retroactivity of effects for acquisitive prescription are just some of the aspects that will definitely be noticed in the jurisprudence before arising in the legal practice, obviously to be handling such issues after a considerable time gap.