THE NEW ROMANIAN CIVIL CODE

THE NEW ROMANIAN CIVIL CODE

ELRA - XV General AssemblyBrussels

NEW CIVIL CODENEW CIVIL CODE

• the 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 1st 2011 by Law nr. 71/2011

• the 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 1st 2011 by Law nr. 71/2011

NEW CIVIL CODENEW 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 CODENEW 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 CODENEW CIVIL CODE•WHAT’S 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

•WHAT’S 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 CODENEW CIVIL CODE

•WHAT’S 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

•WHAT’S 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 Associationmihai.taus@gmail.com

Brussels, 1st of june, 2012

Thank you!

Romanian Land Registry Associationmihai.taus@gmail.com

Brussels, 1st of june, 2012