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Real Estate Survey and Publicity


Author: Silvia Marian
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2006
Scientific adviser: Victor (decedat) Volcinschi
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 1 April, 2006
Approved by NCAA on the 29 June, 2006

Abstract

Adobe PDF document – 0.35 Mb / in romanian

Thesis

CZU 347.214.2[478][043] 332.2: 347.214.2[478][043]

Adobe PDF document 3.79 Mb / in romanian
192 pages

Keywords

real estate survey and value, ground, landed, construction, boundary, cadastral plan, the register of the real estate, the survey brief, the real estate monitoring, the recording of the real estate rights, publicity of real estate, entailing of the rights, the right of ownership, other real rights, extract, life interest, usage and occupancy of a house, servitude, superficies, registrar, erasure, state Agency of Landed Resources and Cadastre, Territorial Cadastral office, mortgage of real estates, tabulation, provisional registration

Summary

This work is dedicated to an actual unchallenged problem generated by the creation of real estate survey in the Republic of Moldova.

The author's aim was to analyze the evolution and dynamism characteristic both for creation of real estate survey and for implementation of the system of real estate publicity that exists in other countries like: Romania, France, Russia, Germany etc.

Analysis of establishment of real estate survey treated in the doctrine, the synthesis of juridical system of real estate in other countries under investigation, which studied and evolved by means of national and international legislation served to be the basis.

The investigation was directed to reveal the importance and the role of general survey of entities: 1) real estate; 2) the holder of the right – a natural person or legal entity; 3) the rights on real estate.

Complied mainly with the German system of evidence and publicity, the real estate cadastre of the Republic of Moldova has the mission to secure the civil usage being registered in the Real Estate Register of real estates and of rights on them. This procedure is settled in many normative documents, as Civil Code, Law 1543/1998, Law 354/204 etc.

Registration of the rights on real estate in the Republic of Moldova is based on a real system, according to witch the right on real estate is obtained on the date of registering in the Real Estate Register with some exceptions (when the act of registering is asked under sanction of nullity of legal document). In our opinion the system of registration of real estate and the rights on real estate adopted in the Republic of Moldova, assumed the best achievements of Anglo-Saxon and Continental system of law. What is registered in these systems of law is either real estate transactions (Anglo-Saxon system), or only the rights on real estate (continental system).

Being the first work of this kind in our native doctrine, we consider that the analysis, the conclusions and the proposals will be of a real usage to scientists, parishioners, students and to all those who are interested in this matter.

Using the doctrinaire concepts while interpreting the national legislation, we tried to contribute to the elaboration of a modern practice of applying the legal documents in al the spheres tangent to the process of creation of general cadastral survey.

We hope that the tackled problem may raise interest and at the same time a desire for further research.