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

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

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

•

NEW 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

NEW 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

Thank you!

Romanian Land Registry Association [email protected]

Brussels, 1st of june, 2012