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- Title
Cel care se obligă trebuie să fie titularul dreptului?
- Authors
UNGUREANU, Carmen Tamara
- Abstract
The rule is that an individual cannot transfer or constitute a better right than he or she has. Exceptions to this rule stand under certain conditions and have as a basis the fact that, even if one who constitutes or transmits is a non dominus, the juridical act which was concluded is considered as a valid one and produces its effects. The conveyancing juridical act concluded by a non-owner is valid, if the parties, by mutual consent, settle that the transmission of the ownership will take place after the contract was concluded; in this case the provisions on the sale by a non-owner apply (art. 1683 C. civ.). When there is no such consent, in principle, the transfer of the ownership cannot take place. In such a situation, the validity of the juridical act could be examined on a case by case basis, using the good faith principle, the theory of appearance of right, the principle of equity, depending on the real situation and the distinction made between generic goods and ascertained (specific) goods and between movable goods and immovable goods.
- Subjects
LAND title registration &; transfer; ROMAN law; REAL property ownership; CONSENT (Law); PROPERTY titles; LEGAL psychology
- Publication
Review of Juridical Sciences / Revista de Științe Juridice, 2013, Vol 23, Issue 1, p68
- ISSN
1454-3699
- Publication type
Article