ÎNSCRIEREA PROVIZORIE ÎN CARTEA FUNCIARĂ A DREPTURILOR IZVORÂTE DIN ACCESIUNEA IMOBILIARĂ ARTIFICIALĂ A LUCRĂRILOR AUTONOME ȘI DURABILE

This study raises the question of registration in the land register of some rights which originate in the fact of artificial real estate accession. We were interested to note the extent to which the parties might, by their agreement, temporarily register a property right of the author of the construction over this construction until the land owner invokes the accession in its favour. It is raised the question of the interest of such registration, which can only be temporary, because the doctrine has considered it to be affected by an atypical resolutory condition, of legal origin, as well as of the effect produced by this registration. On the other hand, in the situations where we admit the acquiring of the property right by artificial real estate accession by judicial means, it is required the analysis of the possibility of the court to recognize a property right over a construction built without a construction authorisation.