Juridical interactions between accession and co-ownership

• Author: Adriana-Ioana Pîrvu (Pantoiu)
• Position: Faculty of Judicial and Administrative Sciences, the Law Department, University of Pitesti, Pitesti, Romania
• Pages: 146-152

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2012), pp. 146-152

146

JURIDICAL INTERACTIONS BETWEEN ACCESSION AND CO-

OWNERSHIP

A. I. Pîrvu (Pantoiu)

Adriana-Ioana Pîrvu (Pantoiu)

Faculty of Judicial and Administrative Sciences, the Law Department

University of Pitesti, Piteti, Romania

*Correspondence: Adriana Ioana Pirvu, 35 Bucovina St., Piteti, Arge

E-mail: adrianapantoiu@yahoo.com

Abstract

According to the new Civil Code

1

, when sustainable works are performed in good faith

on the author’s plot of land, but partial on the plot of land of the neighboring owner, “the

latter may request the registration in a new land book of a co-ownership right of his

neighbors over the resulting immovable asset, including the related plot of land, in relation to

the value of the contribution of each of them” (Art. 587, para. 1). In this situation, the quotas

of the ownership right shall be determined according to the each neighbor’s contribution in

the performance of the work, regarded in its entirety.

Therefore, the lawmaker deemed as an efficient solution for the two owners of the

immovable assets affected by the work, that to create a co-ownership right over it, as well as

over the related plot of land.

As a matter of fact, with respect to the owner of the neighboring fund, on

whose plot of land a construction is made without his consent, the lawmaker’s solution to give

such owner a property right is a logical solution, which complies with both the definition of

accession, and its effects, as regulated under the law. Surprising is, however, the lawmaker’s

decision to join also from a juridical point of view the owner of the neighboring fund with the

construction owner, by effect of co-ownership.

The regulated hypothesis starts from the premise of an author’s performance, on his

own plot of land, of a construction, which exceeds –however- the limits of his own plot of

land. Interesting situations might occur in practice, generated precisely by such

“proportion”.

Keywords: accession, co-ownership, the New Civil Code, jurisprudence, right of

superficies

Introduction

According to the new Civil Code2, when sustainable works are performed in

good faith on the author’s plot of land, but partial on the plot of land of the neighboring

owner, “the latter may request the registration in a new land book of a co-ownership right of

his neighbors over the resulting immovable asset, including the related plot of land, in

relation to the value of the contribution of each of them” (Art. 587, para. 1). In this situation,

the quotas of the ownership right shall be determined according to the each neighbor’s

contribution in the performance of the work, regarded in its entirety.

In this way, the contribution of the work’s author shall be equal to the value of

the related plot of land the owner of which he is, the value of the materials and, therefore, of

the workmanship used for its performance, and the contribution of the owner of the

1

Noul Cod civil si reglementarile anterioare. Prezentare comparativ, 2

nd

Editio n, p rovided and annotated by

Mona Maria Pivniceru, “Hamangiu” Publishing House, Bucharest, 201 2, p.138.

2

Idem.