Aspecte teoretice şi jurisprudenţiale asupra clauzei de inalienabilitate - limită convenţională a dreptului de proprietate

Lect. univ. dr. Cristina Ramona DUŢĂ

Theoretical and jurisprudential aspects of the inalienability clause - conventional limit of the property right

Abstract

As governed by the Civil Code, property rights are subject to limitations. The limits of property rights can be material, legal, judicial and conventional, with the Civil Code regulating the inalienability clause.

A creation of doctrine and case law and without autonomous regulation under the old Civil Code, declaring a property inalienable by agreement was not possible, being penalised by absolute nullity.

By enshrining its status as a limitation of the right of ownership by legal acts, the new Civil Code provides a separate regulation of the inalienability clause, both conventional and statutory, expressly laying down conditions, scope, conditions of enforceability and penalties for non-compliance, in the...