ACQUIRING OWNERSHIP BY USUCAPTION, A PARALLEL BETWEEN THE FORMER PROCEDURE AND THE NEW PROCEDURE
On October 1, 2011 the new Romanian Civil Code (CC) entered into effect and on February 15, 2013 the new Romanian Code of Civil Procedure (CPC) entered into force, both codes containing both substantive and procedural provisions regarding the acquisition of property rights by means of usucaption. Bo...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2025-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | https://cks.univnt.ro/download/cks_2025_articles%252F2_CKS_2025_PRIVATE_LAW%252FCKS_2025_PRIVATE_LAW_010.pdf |
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| _version_ | 1850070866406146048 |
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| author | Diana Andreea TOMA |
| author_facet | Diana Andreea TOMA |
| author_sort | Diana Andreea TOMA |
| collection | DOAJ |
| description | On October 1, 2011 the new Romanian Civil Code (CC) entered into effect and on February 15, 2013 the new Romanian Code of Civil Procedure (CPC) entered into force, both codes containing both substantive and procedural provisions regarding the acquisition of property rights by means of usucaption. Both in doctrine and in judicial practice there has been much controversy as to how the new rules should be applied in relation to usucaptions commenced during the period of the former codes. The purpose of this paper is to present the hypotheses of application over time of the old and the new procedure, the problems encountered in practice and our opinion on the applicability of the new procedure. |
| format | Article |
| id | doaj-art-e06282be050444dbab190963d9d94441 |
| institution | DOAJ |
| issn | 2068-7796 2359-9227 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-e06282be050444dbab190963d9d944412025-08-20T02:47:25ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962359-92272025-05-01181167170ACQUIRING OWNERSHIP BY USUCAPTION, A PARALLEL BETWEEN THE FORMER PROCEDURE AND THE NEW PROCEDUREDiana Andreea TOMA0PhD Candidate, Faculty of Law, „Nicolae Titulescu” University of Bucharest, Judge District 3 Court, Bucharest (e-mail: toma.dianaandreea@gmail.com)On October 1, 2011 the new Romanian Civil Code (CC) entered into effect and on February 15, 2013 the new Romanian Code of Civil Procedure (CPC) entered into force, both codes containing both substantive and procedural provisions regarding the acquisition of property rights by means of usucaption. Both in doctrine and in judicial practice there has been much controversy as to how the new rules should be applied in relation to usucaptions commenced during the period of the former codes. The purpose of this paper is to present the hypotheses of application over time of the old and the new procedure, the problems encountered in practice and our opinion on the applicability of the new procedure.https://cks.univnt.ro/download/cks_2025_articles%252F2_CKS_2025_PRIVATE_LAW%252FCKS_2025_PRIVATE_LAW_010.pdfusucaptionformer procedurenew procedureownershippossession |
| spellingShingle | Diana Andreea TOMA ACQUIRING OWNERSHIP BY USUCAPTION, A PARALLEL BETWEEN THE FORMER PROCEDURE AND THE NEW PROCEDURE Challenges of the Knowledge Society usucaption former procedure new procedure ownership possession |
| title | ACQUIRING OWNERSHIP BY USUCAPTION, A PARALLEL BETWEEN THE FORMER PROCEDURE AND THE NEW PROCEDURE |
| title_full | ACQUIRING OWNERSHIP BY USUCAPTION, A PARALLEL BETWEEN THE FORMER PROCEDURE AND THE NEW PROCEDURE |
| title_fullStr | ACQUIRING OWNERSHIP BY USUCAPTION, A PARALLEL BETWEEN THE FORMER PROCEDURE AND THE NEW PROCEDURE |
| title_full_unstemmed | ACQUIRING OWNERSHIP BY USUCAPTION, A PARALLEL BETWEEN THE FORMER PROCEDURE AND THE NEW PROCEDURE |
| title_short | ACQUIRING OWNERSHIP BY USUCAPTION, A PARALLEL BETWEEN THE FORMER PROCEDURE AND THE NEW PROCEDURE |
| title_sort | acquiring ownership by usucaption a parallel between the former procedure and the new procedure |
| topic | usucaption former procedure new procedure ownership possession |
| url | https://cks.univnt.ro/download/cks_2025_articles%252F2_CKS_2025_PRIVATE_LAW%252FCKS_2025_PRIVATE_LAW_010.pdf |
| work_keys_str_mv | AT dianaandreeatoma acquiringownershipbyusucaptionaparallelbetweentheformerprocedureandthenewprocedure |