Law Nº 287/2009 on the Civil Code.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The new Romanian Civil Code is the basic source of civil law in Romania. It was adopted by Parliament on 17 July 2009 and came into force on 1 October 2011. It replaced the Civil Code of 1865 as well as the Commercial Code of 1887 and the Family Code of 1954. The Code consists of a preliminary title and 7 books (cărţi), which contain provisions: about individuals (I); about family (II); about property (III); about inheritance and liberalities (IV); about obligations (V); about prescription (VI); and International Public Law (VII).
PROPERTY AND REAL RIGHTS. As mentioned, property law is contained in book three. Specifically, it regulates ways of acquisition and transfer of possession. Ownership can be public or private (art. 552). It is considered as public property: the assets of the state and of the administrative-territorial units which, by their nature or by the declaration of the law, are of public use or interest form the object of public property, but only if they were legally acquired by them (art. 554). Title I of the book is dedicated to real goods and rights in general. Assets are defined as things, tangible or intangible, that constitute the object of a patrimonial right (art. 535). Land, springs and watercourses, plantations caught in the roots, constructions and any other works fixed in the ground with a permanent character, platforms and other installations for exploiting submarine resources located on the continental shelf are immovable, as well as everything which, naturally or artificially, is permanently incorporated into them (art. 537). Acquisition of possession is fixed under article 557 and can be: under the law, by agreement, will, legal inheritance, accession, usufruct, as an effect of possession in good faith in the case of movable property and fruits, by occupation, tradition, as well as by court decision, when it is translative of property by itself. Regarding land ownership, according to article 559, land ownership also extends to the basement and the space above the land, respecting the legal limits. The owner can make, above and below the land, all the constructions, plantations and works he deems appropriate, apart from the exceptions established by law, and can derive from them all the benefits they would produce. He is required to respect, under the conditions and within the limits determined by law, the rights of third parties on the mineral resources of the subsoil, springs and underground waters, underground works and installations and others. Surface waters and their beds belong to the owner of the land on which they form or flow, under the conditions provided by law. The owner of a land also has the right to appropriate and use, under the law, the water of the springs and lakes located on the respective land, the ground water, as well as the rainwater. It's worth also mentioning title VII of book III, containing provisions on land registry. Accession is regulated under chapter II of title I, including land additions to the banks of flowing waters (art. 569). Finally, chapter III of the same title regulates the limits of the right to private property.
INHERITANCE. Book 4 regulates law of succession. According to article 953, inheritance is defined as the transmission of the patrimony of a deceased natural person to one or more living persons (art. 953). Title II of book 4 regulates the legal inheritance. The inheritance belongs, in the order and according to the rules established in this title, to the surviving spouse and relatives of the deceased, namely his descendants, ascendants and collaterals, as the case may be (art. 963).
OBLIGATIONS AND CONTRACTS. Contract law and law of obligations are contained in book five. Article 1.164 defines the obligation as a legal bond by virtue of which the debtor is required to provide a service to the creditor, and he has the right to obtain the performance due. Obligations arise from the contract, unilateral act, business management, unjust enrichment, unpaid payment, illegal act, as well as from any other act or act to which the law links the birth of an obligation (art. 1.165). Title II of the Book regulates the sources of obligations, dedicating chapter I to the Contract. The parties are free to conclude any contracts and determine their content, within the limits imposed by law, public order and good morals (art. 1.169). Section 2 fixes different categories of contracts, and section 3 settles conclusion of the contract, including capacity of the parties and the consent. Regarding the specific types of contract, it is worth mentioning rental contracts, and the special rules on leasing. According to article 1.836, any agricultural goods can be leased, such as: a) agricultural lands, namely productive agricultural lands - arable, vineyards, orchards, wine nurseries, fruit trees, fruit bushes, hop and mulberry plantations, wooded pastures, lands occupied by constructions and agro-zootechnical installations, fisheries and land improvements , technological roads, platforms and storage spaces that serve the needs of agricultural production and unproductive lands that can be arranged and used for agricultural production; under the penalty of absolute nullity. Insurance of leased goods b) animals, constructions of any kind, machines, equipment and goods intended for agricultural exploitation.
AGRICULTURE. As above mentioned, under the section dedicated to rental contracts, the Code includes several provisions on agricultural lease. Specifically, section 3 contains special rules regarding leasing. Article 1.837 establishes form and conditions for these contracts. The lessee can change the category of use of the leased land only with the prior written consent of the owner and in compliance with the legal provisions in force (art. 1839). The lessee is obliged, even in the absence of an express stipulation, to insure agricultural goods against the risk of crop loss or animal death due to natural calamities (art. 1.840). Finally, it's worth mentioning article 2.425 concerning privileged mortgages. According to this article, the mortgage on the harvest or on the products to be obtained through its capitalization, set up for the purpose of obtaining the amounts necessary to produce the harvest, as well as the mortgage set up during the period of plant growth or during a period of 6 months before the harvest are preferred from the moment of their registration in the archive to any other mortgage. As for urban planning, article 613 defines the minimum distance for trees in the absence of provisions contained in the law.
ANIMALS. Under the above mentioned contracts of lease, the code also mentions the lease of animals for agricultural exploitation. Regarding privileged mortgages, The mortgage on livestock or their products, set up for the purpose of securing the funds to allow the person who set up the mortgage to purchase feed, medicines or hormones, necessary for feeding or treating the animals, has priority over any other mortgage set up on the same good or over his products, other than the fodder seller's mortgage (Art. 2.425.). On the other hand, article 576 fixes the applicable rules for natural Access on animals. According to this article, domestic animals straying onto someone else's land belong to the latter if the owner does not claim them within 30 days from the date of the declaration made at the town hall by the owner of the land. Pigeons, rabbits, fish and other similar animals that pass on the property of another owner belong to him as long as they remain on the property, unless the crossing was caused by fraud or by artífice. The swarm of bees passed on another's land belongs to its owner only if the swarm's owner does not follow it or stops following it for two days. Finally, article 1.375 regulates liability to compensation for damage caused by animals. According to this provision, the owner of an animal or the one who uses it is responsible, regardless of any fault, for the damage caused by the animal, even if it escaped from his care.
WATER. Finally, the code includes several provisions on water. First, under ownership and the classification of goods, springs and watercourses, plantations caught in the roots, constructions and any other works fixed in the ground with a permanent character, platforms and other installations for exploiting submarine resources located on the continental shelf are defined as real state and considered immovable, as well as everything which, naturally or artificially, is permanently incorporated into them (art. 537). Regarding owner’s rights and extensión of land ownership, article 559 states that Surface waters and their beds belong to the owner of the land on which they form or flow, under the conditions provided by law. The owner of a land also has the right to appropriate and use, under the law, the water of the springs and lakes located on the respective land, the ground water, as well as the rainwater. According to this article, the owner can make, above and below the land, all the constructions, plantations and works he deems appropriate, apart from the exceptions established by law, and can derive from them all the benefits they would produce. He is required to respect, under the conditions and within the limits determined by law, the rights of third parties on the mineral resources of the subsoil, springs and underground waters, underground works and installations and others. Under the same section, regarding accession right (section 2 on natural real state access), article 570 establishes that the owner of the riparian fund also acquires the land left by the flowing waters that gradually retreated from the respective shore. The riverbeds belong to the riparian owners, except for those that, according to the law, are the object of public property (art. 573). Lastly, it is worth mentioning articles 604 to 610 dedicated to water use. This section contains rules on natural flow water; rules regarding the induced flow of waters; irrigation expenses; the obligation of the owner to whom the water overflows; use of sources; and compensation owed to the owner of the fund on which it is located (2) The provisions of art. 605 para. (2) and (3) shall apply accordingly. source.
PROPERTY AND REAL RIGHTS. As mentioned, property law is contained in book three. Specifically, it regulates ways of acquisition and transfer of possession. Ownership can be public or private (art. 552). It is considered as public property: the assets of the state and of the administrative-territorial units which, by their nature or by the declaration of the law, are of public use or interest form the object of public property, but only if they were legally acquired by them (art. 554). Title I of the book is dedicated to real goods and rights in general. Assets are defined as things, tangible or intangible, that constitute the object of a patrimonial right (art. 535). Land, springs and watercourses, plantations caught in the roots, constructions and any other works fixed in the ground with a permanent character, platforms and other installations for exploiting submarine resources located on the continental shelf are immovable, as well as everything which, naturally or artificially, is permanently incorporated into them (art. 537). Acquisition of possession is fixed under article 557 and can be: under the law, by agreement, will, legal inheritance, accession, usufruct, as an effect of possession in good faith in the case of movable property and fruits, by occupation, tradition, as well as by court decision, when it is translative of property by itself. Regarding land ownership, according to article 559, land ownership also extends to the basement and the space above the land, respecting the legal limits. The owner can make, above and below the land, all the constructions, plantations and works he deems appropriate, apart from the exceptions established by law, and can derive from them all the benefits they would produce. He is required to respect, under the conditions and within the limits determined by law, the rights of third parties on the mineral resources of the subsoil, springs and underground waters, underground works and installations and others. Surface waters and their beds belong to the owner of the land on which they form or flow, under the conditions provided by law. The owner of a land also has the right to appropriate and use, under the law, the water of the springs and lakes located on the respective land, the ground water, as well as the rainwater. It's worth also mentioning title VII of book III, containing provisions on land registry. Accession is regulated under chapter II of title I, including land additions to the banks of flowing waters (art. 569). Finally, chapter III of the same title regulates the limits of the right to private property.
INHERITANCE. Book 4 regulates law of succession. According to article 953, inheritance is defined as the transmission of the patrimony of a deceased natural person to one or more living persons (art. 953). Title II of book 4 regulates the legal inheritance. The inheritance belongs, in the order and according to the rules established in this title, to the surviving spouse and relatives of the deceased, namely his descendants, ascendants and collaterals, as the case may be (art. 963).
OBLIGATIONS AND CONTRACTS. Contract law and law of obligations are contained in book five. Article 1.164 defines the obligation as a legal bond by virtue of which the debtor is required to provide a service to the creditor, and he has the right to obtain the performance due. Obligations arise from the contract, unilateral act, business management, unjust enrichment, unpaid payment, illegal act, as well as from any other act or act to which the law links the birth of an obligation (art. 1.165). Title II of the Book regulates the sources of obligations, dedicating chapter I to the Contract. The parties are free to conclude any contracts and determine their content, within the limits imposed by law, public order and good morals (art. 1.169). Section 2 fixes different categories of contracts, and section 3 settles conclusion of the contract, including capacity of the parties and the consent. Regarding the specific types of contract, it is worth mentioning rental contracts, and the special rules on leasing. According to article 1.836, any agricultural goods can be leased, such as: a) agricultural lands, namely productive agricultural lands - arable, vineyards, orchards, wine nurseries, fruit trees, fruit bushes, hop and mulberry plantations, wooded pastures, lands occupied by constructions and agro-zootechnical installations, fisheries and land improvements , technological roads, platforms and storage spaces that serve the needs of agricultural production and unproductive lands that can be arranged and used for agricultural production; under the penalty of absolute nullity. Insurance of leased goods b) animals, constructions of any kind, machines, equipment and goods intended for agricultural exploitation.
AGRICULTURE. As above mentioned, under the section dedicated to rental contracts, the Code includes several provisions on agricultural lease. Specifically, section 3 contains special rules regarding leasing. Article 1.837 establishes form and conditions for these contracts. The lessee can change the category of use of the leased land only with the prior written consent of the owner and in compliance with the legal provisions in force (art. 1839). The lessee is obliged, even in the absence of an express stipulation, to insure agricultural goods against the risk of crop loss or animal death due to natural calamities (art. 1.840). Finally, it's worth mentioning article 2.425 concerning privileged mortgages. According to this article, the mortgage on the harvest or on the products to be obtained through its capitalization, set up for the purpose of obtaining the amounts necessary to produce the harvest, as well as the mortgage set up during the period of plant growth or during a period of 6 months before the harvest are preferred from the moment of their registration in the archive to any other mortgage. As for urban planning, article 613 defines the minimum distance for trees in the absence of provisions contained in the law.
ANIMALS. Under the above mentioned contracts of lease, the code also mentions the lease of animals for agricultural exploitation. Regarding privileged mortgages, The mortgage on livestock or their products, set up for the purpose of securing the funds to allow the person who set up the mortgage to purchase feed, medicines or hormones, necessary for feeding or treating the animals, has priority over any other mortgage set up on the same good or over his products, other than the fodder seller's mortgage (Art. 2.425.). On the other hand, article 576 fixes the applicable rules for natural Access on animals. According to this article, domestic animals straying onto someone else's land belong to the latter if the owner does not claim them within 30 days from the date of the declaration made at the town hall by the owner of the land. Pigeons, rabbits, fish and other similar animals that pass on the property of another owner belong to him as long as they remain on the property, unless the crossing was caused by fraud or by artífice. The swarm of bees passed on another's land belongs to its owner only if the swarm's owner does not follow it or stops following it for two days. Finally, article 1.375 regulates liability to compensation for damage caused by animals. According to this provision, the owner of an animal or the one who uses it is responsible, regardless of any fault, for the damage caused by the animal, even if it escaped from his care.
WATER. Finally, the code includes several provisions on water. First, under ownership and the classification of goods, springs and watercourses, plantations caught in the roots, constructions and any other works fixed in the ground with a permanent character, platforms and other installations for exploiting submarine resources located on the continental shelf are defined as real state and considered immovable, as well as everything which, naturally or artificially, is permanently incorporated into them (art. 537). Regarding owner’s rights and extensión of land ownership, article 559 states that Surface waters and their beds belong to the owner of the land on which they form or flow, under the conditions provided by law. The owner of a land also has the right to appropriate and use, under the law, the water of the springs and lakes located on the respective land, the ground water, as well as the rainwater. According to this article, the owner can make, above and below the land, all the constructions, plantations and works he deems appropriate, apart from the exceptions established by law, and can derive from them all the benefits they would produce. He is required to respect, under the conditions and within the limits determined by law, the rights of third parties on the mineral resources of the subsoil, springs and underground waters, underground works and installations and others. Under the same section, regarding accession right (section 2 on natural real state access), article 570 establishes that the owner of the riparian fund also acquires the land left by the flowing waters that gradually retreated from the respective shore. The riverbeds belong to the riparian owners, except for those that, according to the law, are the object of public property (art. 573). Lastly, it is worth mentioning articles 604 to 610 dedicated to water use. This section contains rules on natural flow water; rules regarding the induced flow of waters; irrigation expenses; the obligation of the owner to whom the water overflows; use of sources; and compensation owed to the owner of the fund on which it is located (2) The provisions of art. 605 para. (2) and (3) shall apply accordingly. source.
Attached files
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Date of text
Entry into force notes
01 October 2011.
Repealed
No
Source language
English
Legislation Amendment
No