Regulation of Tabulary Usucapion in the Romanian Civil Code
Keywords:
usucaption; tabular; bona fide; possession; peacefulAbstract
Usucapion is a way of acquiring the right of ownership over an asset through long-term possession and the fulfillment of certain legal conditions. In Romanian law, usucapion is regulated in the Civil Code, and one of its special forms is tabular usucapion, provided for by art. 931. Tabular usucapion aims to consolidate the right of ownership for persons who are registered in the land register as owners, but whose title of ownership has proven null or voidable. This institution is specific to the real estate advertising system based on the land register and aims to stabilize the civil circuit by protecting those who have acquired a property in good faith. Unlike common law usucapion, which requires 10 or 30 years of possession, tabular usucapion allows the acquisition of the right of ownership in 5 years, provided that the possessor has been registered in the land register and has exercised possession in a public and peaceful manner.
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