Plângere de carte funciară. Refuz de notare a unui drept de abitaţie. Verificările judecătorului în cadrul reexaminării

Land registry complaint. Refusal to register a right of habitation. The judge's findings in the review

Abstract

An analysis of the provisions of Law No 7/1996, as in force on 17 November 2000, shows that the legislator did not expressly establish a classification of the various types of entry in the land register. However, on the basis of the provisions of Article 21 of the Law, it can be concluded that the legislator distinguished between the registration of rights in rem in immovable property, i.e. the right of ownership and its dismemberments, and other rights, acts, facts or legal situations.

Using the terminology currently used, it can be argued that rights in rem in immovable property were subject to registration, while other rights, acts, facts or legal situations were noted in the land register.

A right in rem in immovable property, such as the right of habitation,...