3 Years of Usucapion in Romania – Dilemmas and Criticism

Abstract

The conditions of usucapion are determined by the rules of the Civil Code, and its effect as a basis for the acquisition of property requires a careful and balanced legal approach by its very nature. The acquisition of property rights through possession cannot be considered an extraordinary, emergency measure that could disregard the appropriate legal guarantees. Usucapion can only be handled with great caution, within a procedural framework that both expresses the social weight of the institution and creates harmony between administrative expediency and the protection of fundamental rights. The institution of usucapion cannot become an instrument of political intervention or serving merely statistical or administrative purposes, strict procedural standards and control mechanisms that ensure the legality, legitimacy, and durability of property transfers remaining indispensable.