UNELE CONSIDERAȚII ÎN LEGĂTURĂ CU PREVEDERILE ART. 691 C.CIV., REFERITOARE LA OBLIGAȚIA DE DESPĂGUBIRE ȘI EXCLUDEREA ÎN CAZUL DREPTULUI DE PROPRIETATE PERIODICĂ

One of the forms under which it is presented the right of joint ownership on forced quota-shares is represented, in the conception of the legislator that has created the current Civil Code, also by the periodic ownership. Placing this form of joint ownership within the joint ownership on forced quota-shares is the creation of the legislator, but it is not sheltered from criticism. Among the issues raised by the regulation of the periodic ownership in Articles 687–691 of the Civil Code is also the obligation of compensation and the exclusion, legal provisions upon which the authors of this study have insisted. The provisions of Article 691 of the Civil Code are criticizable both in the way they are formulated and in respect of the effects that the legislator has pursued.