Uzucapiunea prescurtată. Condiţia justului titlu

Abbreviated usucaption. Fair title condition

Abstract

All the conditions of usucaption of 10 to 20 years are strictly linked to possession, and it is not sufficient to analyse the condition of just title.

Just title emanating from the true owner does not prevent the invocation of usucaption, as the original mode of acquiring the right of ownership, since the function of usucaption is generally known to be evidentiary in respect of the right of ownership, the purpose of its invocation not being to prove the right of ownership, but to establish its existence.

The sale-purchase is a consensual legal act. This means that it is fully valid, transferring ownership of the property by simple agreement of the parties. In this context, the auction minutes do not create an obligation on the parties (the situation of a preliminary contract), but transfer the property right from the seller to the buyer, thus fulfilling the provisions of Article 1897 para....