Proprietatea periodică - o nouă modalitate a dreptului de proprietate?

Nona Ştefania BELE

masterand Facultatea de Drept, Universitatea Babeş Bolyai, Cluj Napoca

ABSTRACT

In 70’-80’s timeshare was a legal innovation followed by Western Europe which in the present times sparks no more interest. However, the Romanian legislator wanted to give it a legislative regulation in order to clarify the legal nature of the right. This regulation lacks no criticism, so in this study we have analyzed from several points of view the nature of the right as well as the assumption of inconsistencies between the law and Constitution’s stipulations.

The reasons for which the legislator sought to give it a distinct regulation in the Romanian law are unclear, given the fact that by transposing into. G.E.O. no. 14/2011 of the 2008/122/ EU Directive the legislator does not bring any additional specification regarding the nature of the right, respecting the European legislator’s will.

Keywords: ownership, legal...