Aparenţa în materia proprietăţii mobiliare şi imobiliare

Pavel PERJU, Alexandru MĂGLAŞ

Abstract: In terms of what the dynamics of law mean, as an innovative factor opposed to the statics of law, the study proposes a circumstantial incursion into the scope of the matters generated by the colour of right’s invincibility. The authors consider operational solutions, ope legis, as exceptions to resoluto iure dantis resolvitur ius accipientis or, judicially, according to art. 17(2) of the Civil Code, by applying the adage error communis facit ius. Also, the study is focused, suma summarum, on the doctrinal and jurisprudential solutions in movable and, predominantly, real estate matters.

Key words: action for Land Register correction; good-faith; common and invincible error; heir in appearance; presumption of property; bona fide possessor; petition for an inheritance; colour of property right; predominance of interests; reduction of excessive gifts; summary of successional mass; simulation;...