1. Civil Law
- Claims under special laws (Law 10/2001, Law 247/2005 and Law 1 / 2009) and common law [read]
- Contentious and non contentious usucaption under the Civil Code and the DL 115/1938 [read]
- Legal or testamentary Heritage [read]
- Contraventions applied under special laws [read]
- Tort and contract liability [read]
2. Labor Law
- Labor disputes [read]
3. Intellectual Property Law
4. Family Law
5. Contentius Administrative and Fiscal Law
6. Commercial Law
7. Criminal Law
- Judicial and law reabilitation [read]
- Crimes against a person [read]
- Crimes against property [read]
- Crimes against authority [read]
- Offenses against activities of public interest or other activities regulated by law [read]
- Crimes of forgery [read]
- Offences for certain economic activities [read]
- Offences against the social relationships of cohabitation [read]
- Crimes stipulated by special criminal laws [read]
Claims under special laws (Law 10/2001, Law 247/2005 and Law 1 / 2009) and common law
Simbotin Remus and Simbotin Ramona Law Office - Brasov offers professional help in defending the property right granted by the country`s Constitution and protected by the Civil Code in force:
- Drafting and supporting claims and legal actions for property restitution, abusively taken by the state;
- Representing the interests of persons entitled to the recovery of property rights in front of competent public authorities and in court;
- Drafting and supporting actions in order to recover the property right
Considering the inalienable and indivisible nature of property right and its exclusive nature, any entitled person may bring an action in court to defend the rights or property.
The right of property is according to the Civil Law, a person's right to enjoy and use a good exclusively and absolutely, but within the limits determined by law. Depending on the holder and features the property can be private or public.
The right of private property is defined as the primary real right which gives its holder the main attributes of possession, use and disposal (possidendi jus, jus utendi, fruendi jus, jus abutendi) of the private property, attributes that can be exercised absolutely, exclusively and perpetual, with the observance of the material and legal limits. Both natural and legal persons, including the state, may be entitled to private property.
Possesion (jus posendi) is the right to posses property. In this sense it is an element of law and not an element of fact (arising from the actual possession of the property). The right of having full domination over property (jus abutendi), has two elements: the material element of the good (in case of tangible goods (expressing possibility to change the shape of the good, transform, destroy or consume its substance) and the legal element (which expresses the possibility of fully or partly alienation of property).
Private ownership is an absolute, exclusive and perpetual right. The right of property is an absolute right because its owner is free to any act or omission in connection with his property. The exclusive character highlights two ideas: the owner’s monopole on his property and the exclusion of third parties, including public authorities, on exercising prerogatives of ownership. Finally, the right of property is perpetual, meaning that it exists as long as the good exists; moreover ownership cannot be lost by not using the good or through the intervention of extinguishing prescription. The limits of exercising the right of property can be material or judicial.
Judicial limits are set by laws or court orders or by the owner through legal act. They are a way of limiting the exercise of absolute property right in a manner which balances the particular interest of the owner with the general or other private interests.
The rights of dividing ownership are those rights held upon other persons’ good. They give their holder only some of the attributes of ownership, usually the use of the good. They are the right of usufruct, the right of use, the right of occupancy, the right of easements and the right of superficies.