Unele consideraţii asupra regimului juridic al încetării destinaţiei de folosinţă comună pentru spaţiile comune din clădirile multietajate în Noul Cod civil

Cercetător ştiinţific Dumitru DOBREV

ABSTRACT

The article presents the development of the institution of forced co-ownership in terms of disposal acts that co-owners may exert, since the adoption of the new Civil Code untill present, including the Constitutional Court jurisprudence perspective. Mismatches in the correlation of certain legal texts of legislation governing this area are highlighted, before changes of the New Civil Code by Law nr. 60/2012 and after this change. Finally, regarding the practical importance of forced co-ownership administration, an analysis of comparative law is made and it is showed why it would be preferable regulations of other legislation who treats the forced co-ownership in a more rigorous and also classicist manner.

Keywords: joint property, common spaces, common use, owners’ association.

REZUMAT