CONSIDERAȚII ÎN LEGĂTURĂ CU NEUZUL DEZMEMBRĂMINTELOR DREPTULUI DE PROPRIETATE ÎN REGLEMENTAREA CODULUI CIVIL

This paper approaches the theme of disuse as a modality of lapse of the subdivisions of the property right. If the property right, given its perpetuity, does not lapse by disuse, its subdivisions, which are mostly temporary, shall lapse by the failure to exercise the right. The sanction is expressly regulated by the present Civil Code in matters of usufruct and servitude and it is applicable, for identity of reason, to use and habitation. The study also examines the extent of interference of the disuse with the acquiring of the subdivided right by usucaption, as well as the consequences that it might have the legal nature of the limitation period acknowledged to the disuse period.