EIRP Proceedings, Vol 14, No 1 (2019)

Abstract

With the new Civil Code coming into force, in the Romanian law system, an effect associated with land books which has often given rise to disputes in the case law and doctrine is reintroduced. This effect of particular significance in the area of real estate rights shall be called the articles of association or rights of entries in the land register. Advertising is the way in which certain information is brought to the attention of the interested persons. Similarly, real estate advertising is “all the legal means by which the material and legal situation of buildings is publicly disclosed in order to protect their civil circuit” (Ungureanu & Munteanu, 2008, p. 662). One way of making real estate advertising is the land book system. This method is also intended to be the only one in the sense of the new civil code, as a single, uniform system ensures that people concerned can become more easily aware of the material and legal situations. However, the application of this system throughout the country is a long-term process, involving the opening of land books for all buildings and the completion of land land-use operations throughout the country. From the perspective of tabulation rights, the completion of land registry works at the level of each administrative and territorial unit will be the moment at which the legal constitutive effect of the land is to occur, currently postponed by the provisions of Article 56(1) of L 71/2001 for the implementation of the Civil Code. Thus, in this Article, we intend to look at the mechanism of the transfer of the right to property under the conditions of the legal articles of association, with the sales contract, a pattern of translational documents of property, as a reference.