Civil Code (Law No. 287).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The provisions of this Civil Code regulate the patrimonial and non-patrimonial relations between persons, as subjects of civil law. The Civil Code is made up of a set of rules that constitute the common law for all areas to which the letter or spirit of its provisions refers. The provisions of this Code shall also apply to relations between professionals, as well as to relations between them and any other subjects of civil law. All those who operate an enterprise are considered professionals. The operation of an enterprise shall be the systematic exercise, by one or more persons of an organized activity consisting of the production, administration or alienation of goods or the provision of services, regardless of whether or not it is aimed at obtaining profit. Normative acts adopted by central public authorities and institutions shall apply throughout the country, unless otherwise provided. Normative acts adopted, under the terms of the law, by local public administration authorities and institutions shall apply only within their territorial jurisdiction. Anyone may freely dispose of his or her property, unless the law expressly provides otherwise. No one may dispose of it gratuitously if he or she is insolvent. This Civil Code defines immovable property as land, springs and watercourses, rooted plantations, buildings and any other works permanently fixed to the ground, platforms and other installations for exploiting submarine resources located on the continental shelf, as well as everything that is naturally or artificially incorporated into them permanently, are considered immovable property. Property is classified as public or private. Except for the cases specifically provided by law, in the case of immovable property, the right of ownership shall be acquired by registration in the land register. The ownership of land extends to the subsoil and the space above the land, in compliance with the legal limits. Surface waters and their beds belong to the owner of the land on which they are formed or flow, under the conditions provided by law. The owner of a land also has the right to appropriate and use, under the conditions of the law, the water of springs and lakes located on the respective land, groundwater, as well as rainwater. Expropriation may be carried out only for a public utility cause established according to the law, with fair and prior compensation, fixed by mutual agreement between the owner and the expropriator. The right to property obliges the owner to comply with the duties of environmental protection and ensuring good neighbourliness, as well as with the other duties that, according to law or custom, are incumbent on the owner. The owner who has excess water for current needs is obliged, in exchange for fair and prior compensation, to provide this surplus to the owner who could not procure the water necessary for his property except at excessive expense. The public interest resources of the subsoil, the airspace, waters with exploitable energy potential, of national interest, beaches, territorial sea, natural resources of the economic zone and the continental shelf, as well as other assets established by organic law, constitute exclusive objects of public property. Any agricultural goods can be leased, such as: (a) land for agricultural purposes, namely productive agricultural land - arable, vineyards, orchards, wine nurseries, fruit trees, fruit bushes, hop and mulberry plantations, wooded pastures, land occupied by agro-zootechnical constructions and installations, fish farming and land improvement arrangements, technological roads, platforms and storage spaces that serve the needs of agricultural production and unproductive land that can be arranged and used for agricultural production; and (b) animals, buildings of any kind, machinery, equipment and other such goods intended for agricultural exploitation.
Attached files
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Entry into force notes
This Law enters into force on the day of its official publication.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
LEGE nr. 287 din 17 iulie 2009 privind Codul civil EMITENT PARLAMENTUL Publicat în MONITORUL OFICIAL nr. 511 din 24 iulie 2009.