Teoria dezmembrării dreptului de proprietate privată. Teze şi antiteze

prof. univ. dr. Irina SFERDIAN

Facultatea de Drept, Universitatea de Vest din Timişoara

ABSTRACT

We set out to analyze a theory according to which the real (in rem) right over another person’s property is placed within the content of a real relationship, a relationship in which the subjects cannot be totally independent, in which there may exist - concomitantly - a right with erga omnes opposability, but also a special passive conduct, assumed, of the owner, as soon as they understood to constitute, in favour of another, a real right over their property. The dismemberment of ownership implies the establishment of a particular assignation of the property by the owner, but it represents more than a simple technique of assignation. The dismemberment of ownership involves the detachment of prerogatives from the content of property, which can be quantified, and which the owner perceives as a burden on their property. Since...