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Abstract: Real rights are subjective patrimonial rights which provide the holder with the right to directly exercise certain prerogatives over a determined good. Real rights over immobile goods, registered in the cadastral register are called tabular rights. Cadastral registration is that certain form of registration by which a real right over an immobile good is acquired, changed or ended, from the time de registration request is filed. At this time, registration in the cadastral register provides the opposability effect, as the constitutive effect is suspended until the cadastral works are finalized and new cadastral registers are created for each administrative unit.
Key words: property right, registration, cadastral register, cadastral registration..
1. About Real Rights
Real rights are subjective patrimonial rights which provide the holder with the right to directly exercise certain prerogatives over a determined good (Bârsan,C., 2015, p.23). Real rights are different from claim rights, as they are of absolute character, opposable erga omes, of permanent character and formed over a long period of time, thus giving birth to the preference right.
Real rights, as defined by the new Civil Code are: property right (public or private); real rights which derive from the private property right: superficies right, benefit right, use right, habitation right, encumbrance right, administration right, concession right and the free use right (these are real rights which correspond to public property), immobile mortgage right, other rights which are provided with this character by law.
2. General Aspects regarding the Cadastral Register
Article 876 of the Civil Code states the following: "The cadastral register describes immobile goods and shows the real rights over these goods. In certain cases stated by law, other rights, facts or legal relations can be registered in the cadastral register, if they pertain to the immobile goods registered in that register".
A more restricted definition states that the cadastral register can be defined as that public document which describes immobile goods and shows the real rights, acts, facts or legal relations regarding that immobile good, as well as the people who hold these rights (Nicolae, 2011, p.169). A wider definition states that the cadastral register consists of the sheets of paper which provide legal inventory, as well as the documents which form the cadastral register: the general...