Joncţiunea posesiilor. Folosirea bunului împreună cu succesorul proprietarului tabular. Detenţie precară

Joining possessions. Use of the asset together with the successor owner. Precarious detention

Abstract

Abstract

The Civil Code from 1864 in art. 1.847 requires the person to exercise possession "under the name of owner", so that possession not exercised under such a name is a precarious possession, a mere detention. From the definition of possession as regulated by art. 1.853 The Civil Code from 1864 shows that the possession exercised by a person over something belonging to another, based on a simple permission of the owner, is precarious. Precarity during use represents an impediment and an obstacle to the realization of usufruct, because the state of precarity always opposes obtaining the right of ownership through acquisitive prescription. The use of the land together with the successor of the real owner determines the precariousness of the detention, and not a useful possession, under the name of the owner.