DETERMINATION OF THE ACQUIREMENT MOMENT OF THE PROPERTY RIGHT THROUGH ARTIFICIAL REAL ESTATE ACCESSION

Abstract

Abstract. The issue of determining the moment when the owner of the real estate acquires, through accession, the property right over the works executed, represented a controversial subject in the legal doctrine. The new regulation of the accession also leaves room for certain divergent opinions expressed on this subject. Subsequently, we considered necessary to comparatively approach the two regulations, in an attempt to determine the moment when the owner acquires the property right over the works executed, according to the hypotheses regulated by the Civil Code: the owner of the real estate executed the works with the materials of another individual and the works with sustainable character were executed by a third party over another individual’s real estate. When analyzing the second hypothesis, we took into consideration the solutions suggested according to the categories of works provided by the law: autonomous works and added works. Inevitably, we also made reference to the incidence of the regulations on the acquirement of the property right over the real estates through registration in the Real Estate Register. Key words. Artificial real estate accession, works with sustainable character, autonomous works, added works, necessary works, useful works, voluptuary works.