Again On The Constitutive Or Transferring Effect Of Property-Related Rights Of The Registration With The Land Book

Initially regulated by the provisions of art. 17 in the Decree – law no. 115/1938, subsequently dethroned by the provisions of Law no. 7/1996 and reaffirmed by the provisions of art. 885-886 in the new Civil Code, a lot was written about the principle of the constitutive or transferring effect of property-related rights of the registration with the land book. The principle of the opposability towards third parties of the registrations in the transcription and inscription registers vs. the principle of the constitutive or transferring effect of the registrations with the land book are the disjunctive categories representing the basis of the traditional dichotomy between the land recordation personal system and the real land recordation system. This study proposes a radiography of the theoretical and particularly the practical significances in terms of the content, the field of application and the exceptions from the principle of the constitutive effect in the regulation of the new Civil Code, not saving a comparative analysis with the opposability effect of the entries pursuant to Law no. 7/1996.