ACQUIRING OWNERSHIP BY USUCAPTION, A PARALLEL BETWEEN THE FORMER PROCEDURE AND THE NEW PROCEDURE

On October 1, 2011 the new Romanian Civil Code (CC) entered into effect and on February 15, 2013 the new Romanian Code of Civil Procedure (CPC) entered into force, both codes containing both substantive and procedural provisions regarding the acquisition of property rights by means of usucaption. Both in doctrine and in judicial practice there has been much controversy as to how the new rules should be applied in relation to usucaptions commenced during the period of the former codes. The purpose of this paper is to present the hypotheses of application over time of the old and the new procedure, the problems encountered in practice and our opinion on the applicability of the new procedure.