THE NEW ROMANIAN CIVIL CODE ELRA - XV General Assembly Brussels.

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Presentation transcript:

THE NEW ROMANIAN CIVIL CODE ELRA - XV General Assembly Brussels

NEW CIVIL CODE t he main structural amendment after the first Romanian Civil Code (1864) inspired by different civil codes (Quebec, Italy, Spain, Germany, Brazil) monistic approach Civil-comercial duality was abandoned organized on books, titles, chapters, sections, articles (2664) enforced on october 1 st 2011 by Law nr. 71/2011 t he main structural amendment after the first Romanian Civil Code (1864) inspired by different civil codes (Quebec, Italy, Spain, Germany, Brazil) monistic approach Civil-comercial duality was abandoned organized on books, titles, chapters, sections, articles (2664) enforced on october 1 st 2011 by Law nr. 71/2011

NEW CIVIL CODE 7 BOOKS: ABOUT INDIVIDUALS ABOUT FAMILY ABOUT PROPERTY ABOUT INHERITANCE AND LIBERALITIES ABOUT OBLIGATIONS ABOUT LIMITATION (LAPSE OF TIME), DEADLINE CALCULATION, IPL REGULATIONS 7 BOOKS: ABOUT INDIVIDUALS ABOUT FAMILY ABOUT PROPERTY ABOUT INHERITANCE AND LIBERALITIES ABOUT OBLIGATIONS ABOUT LIMITATION (LAPSE OF TIME), DEADLINE CALCULATION, IPL REGULATIONS

NEW CIVIL CODE RELATION WITH LAND REGISTRY BOOK III, TITLE VII Consolidating the role of land registry by reinseting the constitutive effect of the entry (although suspended until the completion of general cadastre) Increasing legal hierarchy of LR from regulations to law - stricto sensu RELATION WITH LAND REGISTRY BOOK III, TITLE VII Consolidating the role of land registry by reinseting the constitutive effect of the entry (although suspended until the completion of general cadastre) Increasing legal hierarchy of LR from regulations to law - stricto sensu

NEW CIVIL CODE WHATS NEW? constitutive effect of the entries new matrimonial regimes (separation of assets and conventionally joined ownership) resolutive condition - claims provisionally entry instead of full registration time-sharing ownership WHATS NEW? constitutive effect of the entries new matrimonial regimes (separation of assets and conventionally joined ownership) resolutive condition - claims provisionally entry instead of full registration time-sharing ownership

NEW CIVIL CODE WHATS NEW? new approach on easements (servitudes) new approach on privileges regulation of the superficia as a dismemberment of the property right regulation of fiduciary possibility to waive the ownership sanction of registrar WHATS NEW? new approach on easements (servitudes) new approach on privileges regulation of the superficia as a dismemberment of the property right regulation of fiduciary possibility to waive the ownership sanction of registrar

Thank you! Romanian Land Registry Association Brussels, 1st of june, 2012 Thank you! Romanian Land Registry Association Brussels, 1st of june, 2012