Acquisition of Property Rights of the Building Area
DOI:
https://doi.org/10.18662/eljpa.2014.0101.08Keywords:
real property, urbanism documentation, contractual liability, building edification, urbanism regulationsAbstract
We plan to debate in the existing article the problematic of an aspect entirely special in the legal status of real estate and namely: acquiring property right upon the building area, analyzed in its legal and urban architectural dimension.
This way of acquiring the property right of real estate is not something new, but was adjusted during time, to some legal regulations which belong to the sphere of civil right and that of urban planning law, subjected always to the changes of economic, social, juridical and architectural life.
In legal terms, this regime of the building area has suffered several changes, adjustments through a complex legislation, with a lack of clarity and coherency needed for a legal document so vast and complex which raised and continues to raise numerous problems to the social and legal practice. The newest and most consistent clarifications are brought by the new Civil Code and the new Civil Procedure Code, but also through special legal norms belonging to the urban architecture field.
These regulations try to cover some legal gasps and to offer some innovative solutions in agreement with the new Romanian realities required by the status of Romania as a state of the European Community.
As it concerns the urban architectural field, the general legal code, is being assured by the regulations mentioned above which refers to the special legal norms of this field, especially the Law no.350/1991 concerning construction authorization and the Law no.350/2001 concerning land and urban space management. Based on these regulations, has been developed the general urban and local regulations, Regional Urban Planning (R.U.P) and General Urban Planning (G.U.P) and Detailed Urban Plan (D.U.P). Seen on a large scale, these documents are regulating the ways through which the cities can be developed based on the urbanism regulations and with a view based on a strategy of development, for a longer period of time.
Iftime, E. Vagner, I. (2014). Acquisition of Property Rights of the Building Area. European Journal of Law and Public Administration, Year 2014, Issue 1, pp. 99-111. DOI: http://dx.doi.org/10.18662/eljpa.2014.0101.08
References
Barsan, C., Drept civil., Drepturile reale principale in reglementarea noului Cod civil, Editura Hamangiu, 2013
Iftime, E., Dreptul de proprietate, Editura Didactica si Pedagogica, Bucuresti, 2013
Stoica, V., Drept civil. Drepturi reale principale, Editura C.H. Beck, Bucuresti, 2009
The Law no.10/1995 of the G.D. no. 2/14 January 1994, concerning construction quality, it is devoid of purpose.
The Law no. 350/2001.
Law no. 114/11 oct. 1996
Law no 7/1996
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