Legal Regulations Regarding Common Property in The Republic of Moldova
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2024-04-26 13:58
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TALAMBUTA , Angela. Legal Regulations Regarding Common Property in The Republic of Moldova. In: Balkan and Near Eastern Congress Series on Economics, Business and Management, Ed. 21, 16-17 martie 2024, Plovdiv. Plovdiv: University of agribusiness and rural development, 2024, Ediţia 21, pp. 34-40. ISBN 978-9989-695-77-3.
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Balkan and Near Eastern Congress Series on Economics, Business and Management
Ediţia 21, 2024
Congresul "XXI. International Balkan and Near Eastern Social Sciences Congress Series on Economics, Business and Management"
21, Plovdiv, Bulgaria, 16-17 martie 2024

Legal Regulations Regarding Common Property in The Republic of Moldova


Pag. 34-40

Talambuta Angela
 
Technical University of Moldova
 
 
Disponibil în IBN: 23 aprilie 2024


Rezumat

The right of joint ownership remains, until now, the most discussed topic of civil law in the field of the institution of property, emerging from the stages of its considerable development history. In the Republic of Moldova, which is going through the stages of accession to the European Union, the spirit of the times is agitated by the issue of property. This is understandable, because in recent centuries the attitude towards property and its existence, as a phenomenon and as a legal institution, has changed radically: from reflecting the feudal peculiarities of regulating property relations - to ensuring the lasting stability of common property under the conditions the market economy. Thus, the new requirements of social development explain the increased interest in common property rights. Constitutionation, which represents not only a simple totalization of the victories and achievements of society, but also proposes new development perspectives for society and the state, representing a program of activity, establishing the fundamental principles of the entire economic, political, social and legal life of the state, not the subject of property is left silent. Moreover, in any society, common property, as part of production relations, represents a fundamental institution that defines its economic and social system. The research of the common property right involves a study of the regulation of the legislation in force on the territory of the Republic of Moldova. At the moment, the legal norms that regulate this institution are found in the Civil Code of the Republic of Moldova and other normative acts, the fundamental being of course represented by the Constitution of the Republic of Moldova On the internal level, the Constitution of the Republic of Moldova, adopted on July 29, 1994, (hereinafter the Constitution of the Republic of Moldova) includes private property in the fundamental human rights, which proclaims the fundamental principles regarding property, namely - according to art. 9 of the Constitution of the Republic of Moldova: property is public and private. It consists of material and intellectual goods; property cannot be used to the detriment of human rights, freedoms and dignity. As a rule, the property right is presented as a simple right, belonging exclusively to a single owner, but in certain situations this right belongs simultaneously to several people. In this case it is about the common property. The grounds for the emergence of the common property right are diverse. Joint ownership can result both from the law (Law no. 913 on the condominium in the housing fund, CF of the Republic of Moldova, CC of the Republic of Moldova other normative acts, as well as from conventions, etc. Property rights as well as claims on the state are guaranteed. No one can be expropriated except for a cause of public utility, established according to the law, with the right and prior compensation. In any system where the right to property is guaranteed by the Constitution, the crucial moment that constitutional adjudication faces is the selection from a variety of regulatory decisions of a redistributive nature, as they directly or indirectly affect the right to property.

Cuvinte-cheie
property, property right, common property, legal institution