Proprietorship (Section B)

  1. Proprietorship or class of title

    Main right / Primary real right: OWNERSHIP
    Local nomen iuris: Drept de proprietate
    Definition: Property right is defined by the doctrine as a subjective right which gives expression the ownership of a thing (the res), allowing the owner to exercise the possession, use and dispose of that thing, in his own power and his own interest and in compliance with the law.

    Main right / Primary real right: PRIVATE PROPERTY RIGHT
    Local nomen iuris: Drept de proprietate
    privată
    Definition: Private property right is the right that entitles the owner to possess, use and dispose exclusively, absolute and perpetual, within the limits established by law.(article 555 civil code)

    Main right / Primary real right: BARE OWNERSHIP
    Local nomen iuris: Nuda proprietate
    Definition: Bare ownership is the ownership burdened by a usufruct or superficies right.

    Main right / Primary real right: USUFRUCT RIGHT
    Local nomen iuris: Drept de uzufruct
    Definition: The usufruct is the right to use the property to another person and to reap its fruits, just like the owner, but he has the duty to preserve its substance. (civil code Article 703)

    Main right / Primary real right: SUPERFICIES RIGHT
    Local nomen iuris: Drept de superficie
    Definition: Right of superficies is the right to have or to build a construction on the land belonging to different person, above or beneath the land, over which the person acquires a right of use. (article 693 paragraph 1 Civil Code)

    Main right / Primary real right: CO-OWNERSHIP
    Local nomen iuris: Coproprietate
    Definition: There is co-ownership where ownership of a thing or right belongs at the same time to more than one person, which exercise or have the ability to exercise simultaneously all the attributes of ownership (jus possidendi, jus utendi and jus fruendi, and also, jus abutendi).

    Main right / Primary real right: JOINT OWNERSHIP
    Local nomen iuris: Proprietate comună pe cote-părți / Proprietate comună în devălmășie
    Definition: Each co-owner is the exclusive owner of an ideal and abstract share of ownership, but none of the co-owners is not exclusive holder of a part (fraction) of thing (res).
    Co-ownership belongs to several people without any of them being the holder of a determined share in ownership of the common thing.(pro indivisio, without shares) (art.667 civil code)

    Main right / Primary real right: TIMESHARE PROPERTY
    Local nomen iuris: Proprietate periodică
    Definition: Several persons, sequentially and repetitive, exercises the use attribute which is specific of property rights in determined period of time, equal or unequal. (Art.687 civil code)

    Main right / Primary real right: PUBLIC PROPERTY
    Local nomen iuris: Proprietate publică
    Definition: Public property right is property right that belongs to the State or administrative-territorial units that covers things which by their nature or by a special provision of the law, are public interest or public use, the condition to be acquired by one of the ways provided by law (article 858  civil code)
    Public property right is inalienable, unseizable and imprescriptible, but for the things which are in the private domain of the State or administrative-territorial units applies the rules governing private ownership.
    In terms of the organic law, public property can be managed by autonomous administrations or public institutions can be granted or leased; also, they can be transferred for free usage to public utility institutions. (Article 136 para. 4 Constitution)
    The mineral resources of public interest, the air, the waters with energy potential of national interest, beaches, territorial waters, natural resources of the economic zone and the continental shelf, as well as other possessions established by the organic law, shall be exclusively public property. (art. 136 paragraph 3 of the Constitution)
    There are subject exclusively public property, the things of public interest, the air, the waters with energy potential of national interest, beaches, territorial waters, natural resources of the economic zone and the continental shelf, as well as other assets established by organic law. (art.859 par. 1 civil code)

    Main right / Primary real right: MANAGEMENT PUBLIC RIGHT
    Local nomen iuris: Drept de administrare publică
    Definition: Management right belongs to autonomous administrations or public administration or local authorities and other public institutions of national, county or local level. (Article 868 paragraph 1 Civil Code)
    This right is established by Government decision or the county council or the local council. (Article 867 paragraph 1 Civil Code)
    Managing public property right is a real right, with mixed nature, both administrative and civil.
    This right is inalienable, imprescriptible and unnoticeable.

    Main right / Primary real right: CONCESSION
    Local nomen iuris: Concesiune
    Definition: The concession of public property is regulated both in the Civil Code and special laws (Emergency Ordinance no.554 / 2006 on the concession agreements of public assets and the Emergency Ordinance no.34 / 2006 on the award of public procurement a public works concession contracts and service concession contracts).
    It is a real right derived from to right of public property, whose legal basis is the concession The concession right is a real right opposable erga omnes.
    Concession contract is an intuited personae contract and a contract for consideration.
    The duration of the concession cannot be more than 49 years, but it can be extended once, by the parties, for a period not more than half the initial duration. (article 7 of Emergency Ordinance no.554 / 2006 on the concession agreements of public assets)contract.

    Main right / Primary real right: FREE USAGE RIGHT
    Local nomen iuris: Drept de folosință cu titlu gratuit
    Definition: It is a real right that has as object public immovable property belonging to the State or territorial administrative units and its beneficiaries are only non-profit legal persons engaged in charitable or public utility or public services.
    Acts of administrative authorities are the source of free usage right.

    Main right / Primary real right: EASEMENT
    Local nomen iuris: Servitute
    Definition: An easement is an encumbrance imposed on an immovable property belonging to a different owner.
    Necessarily involves two immobile properties belonging to two different owners.
    It constituted a real right over the immovable property of a person, other than the holder of the easement.
    The immovable property in whose favour the easement is constituted is called dominant tenement and the property suffering it is the servient tenement.
    There are many kinds of easements in Romanian law which are considered as a legal limits   stipulated by civil code: servitude of sewers, right to way, water usage (flow caused water, irrigation, the use of sources), distance between buildings, servitude of view, etc.
    Cases of extinguish easement right are exhaustively listed in art.770 civil code.

    Main right / Primary real right: USE RIGHT
    Local nomen iuris: Drept de uz
    Definition: Right of use is the right of a person to use another’s work and to collect natural and industrial fruits only for their own needs and his family. (Civil Code Article 749)

    Main right / Primary real right: HABITATION RIGHT
    Local nomen iuris: Drept de abitație
    Definition: Private property right is the right which entitled the holder to possess, use and dispose exclusively, absolute and perpetual, within the limits established by law.(article 555 civil code)

    Main right / Primary real right: POSSESSION
    Local nomen iuris: Posesia
    Definition: According to art. 916 par. 1 civil code, ownership means exercising in fact the prerogatives of ownership of a good by the person who owns and acts as a proprietor.
    For possessions started before Civil Code which came into force in 2010, the court of justice will give a judgment finding acquisition of ownership of a property by adverse possession.
    This final decision is a genuine mode of acquiring property right of an immovable.
    Until the completion of cadastral works for each administrative-territorial unit, the final judgment is a valid title of property and will be registered in the land registry to assure opposability against third parties.
    According to art 930 Civil Code in force, those who possessed 10 years can become owners of an immovable through adverse possession (named extratabulară).
    The court will issue a judgment after verifies the fulfillment of legal requirements. Who possessed under art. 930 civil code becomes tabular owner from the date of entry of the right in the land registry based on this judgment.
    The tabular usucapio is regulated by art. 931 Civil Code and refers to the owner in good faith that possessed an immovable for 5 years from the date of registration of his/her request. The final judgement will be the property title based on which ownership will be registered in the land registry.

  2. Information on owners

    2.1 If owners are natural persons, information of the owner or proprietor or holder of the main right registered will usually comprise the following:

    –          Name of the owner (first name, surname) in the way governed by national legislation.
    –          Person to whom the owner is married when acquisition is for the marriage or for matrimonial community of goods.

    However, normally there should not to be expected that information includes neither other identification number (passport, driving license, public health system number), nor date of birth, nor address, nor owner’s e-mail or telephone.

    2.2 In the event that the owner or proprietor is a company or legal person, information will usually include:

    1. Name of the company

    And it will not include other data such as date and place of registration, telephone or e-mail.

  3. Entitlement

    Information of the Romanian land register system usually includes references to the:

    1. Entitlement or substantial entitlement, act or contract which is basis of the acquisition for the proprietor.
    2. Formal entitlement, deed of acquisition of the owner.

  4. Restrictions

    There are legal and conventional restrictions that appear in the land registry, as following: seizure regulated by art. 797, paragraph 3 of the Civil Procedure Code, Legal mortgage stipulated by the Criminal Procedure Code, article 253 and article 249 ( Judiciary restriction  Criminal Procedure Code), legal mortgagestipulated by art.154 Fiscal Procedure Code, seizure regulated by article 129, paragraph 8 Fiscal Procedure Code, the right of preemption on immovable properties classified as historical monuments stipulated by the law nr.422 / 2001, the right of preemption on immovable properties stipulated by Law.no.17/2014, the right of preemption on immovable properties stipulated by article no.1746 civil code,  inalienability clause governed by article 627-629 civil code , etc.

    At the same time, in accordance with art. 23 letter h) of Law no. 7/1996, in the second part of the land registry regarding on entries of ownership and other real rights are stipulated prohibitions of alienation, lease, consolidation, construction, demolition, restructuring and planning.

  5. Price

    LR information including the price of acquisition is legally restricted.