Some Considerations About Joint Possession And Separation Of Goods In The New Romanian Civil Code

Abstract

The study is an analysis of the provisions of the Romanian Civil Code regulating joint possession and partition of goods. In the presented context, based on the normative inconsistency within the legislature regarding the two issues discussed, there were made proposals for regulations regarding their unity and the desire to avoid different interpretations. Concerning the problem of joint possession there are about to be established some general rules, regardless of their source and partition about an intervention legislature, meaning marginal change topography and name of contents Chapter IV of Title II of Book III. Consequently, it is necessary and appropriate to modify the names of all sections and subsections and the content of all articles of this chapter. Specifically, Chapter IV should be placed immediately after Chapter I (About Goods in general), Title I, and his name should be "About the Common Goods". Also, this chapter should have four sections, namely: Section 1 - Common Provisions, Section 2 - Partition in joint ownership, Section 3 - Condominium common ownership, and Section 4 - Partition. The content of the articles that compose Chapter IV should refer generally to "common goods" or to the joint ownership or Partition in the condominium, as appropriate. The proposed solution would eliminate any confusion among the previsions of the Civil Code. "Community of goods" is normal unless the owners have the status of spouses and for others only if it relates to the "ownership".