2018

Abstract: This article analyzes the role of public registration systems with regard to the dynamic and static security of civil transactions. The Romanian legal system exhibits certain distinctive features regarding real estate registration, particularly with respect to the application of laws over time and depending on the status of cadastral surveys in each administrative-territorial unit. More than seven years after the New Civil Code entered into force—which was intended to implement the constitutive effect for entries in real estate public registry records—this effect is applied only sporadically and in limited areas. For this reason, the application and, at the same time, the understanding of real estate legislation is not a straightforward process.

 

Keywords: Land registry, constitutive effect, enforceability, static and dynamic security, rights in rem, presumptions