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ARTICLE · 16 OCTOBER 2011

Changes To The Romanian Civil Code: Acquisitive Prescription

The new Romanian Civil Code (the "RCC") came into force on 1 October 2011 and has reformed the legal concept of Acquisitive Prescription is established in the former Civil Code.

RomaniaReal Estate and Construction
Daniel Burghelea
Daniel Burghelea

The new Romanian Civil Code (the "RCC") came into force on 1 October 2011 and has reformed the legal concept of Acquisitive Prescription is established in the former Civil Code.

RCC principles similar to those of the former Civil Code:

Acquisitive Prescription ("AP") is one of the means of acquiring property or property-related rights (i.e. right of use, right over the proceeds, right of habitation, servitudes and superficies rights) over an asset by a person holding possession over that asset for a determined period of time.
Possession must be free from any "possession vices" established by law (the "Vices").  The Vices are: discontinuity of possession; exercise of possession by violence or clandestinely; and lack of intention of the possessor to behave like a true owner in relation to that asset. 

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