Advertising real rights

One of the most important awards in civil law is that of people and goods, rather than a distinction, it is a hierarchy, because the person is considered the greatest of riches. The term has behaved better over time many definitions, but consider that in strictly legal sense, it designates what is useful, what material needs of man. Good is the condition of freedom, ie human existence revolves around acquiring property sphere. In modern times, man is defined as much by the verb to have as the verb to be. Therefore, because we have and we are because we have acquired private property rights over assets.
If property rights - in the classic sense of the French Civil Code, Book II, art. 516-710 - could not bear than the tangible, the concept has wider significance today.Ownership carries not only a material thing, but on one task: Goodwill, intellectual property patents. Gets a better term more broadly in agreement with the European Convention on Human Rights and Fundamental Freedoms and the European Court of Human Rights, it means all rights having a patrimonial value: real rights, duties and rights derived from intellectual creation the claim.
Of all these categories of goods, in our approach is relevant scientific distinction between movable and immovable. Physical difference between those giving birth to three consequences, which refers to the formalities of publicity of real rights in collateral and in possession.
The establishment of legal rules to govern the organization and functioning of the company clearly aims to ensure its protection in general and individual, in particular, as part of the whole before any fraud and to prevent any damage.
In terms of participants in the civil circuit, it aims to defend subjective rights protection, both in personal and property of those. These rights, as long as part of the property to a person and are included in the circuit civil, social in nature, manifesting themselves as a relationship that is established between the right holder and other members of society. In this hypothesis, to be met, these rights must be brought to the knowledge society, the other participants in the civil circuit, other than the holder, because the right is better defined and better known, so it is most respected and so it is exercised fairly, that purpose is accomplished through the legal institution of advertising.
Advertising is closely related legal acts form. One of the most important segments of the legal advertising is the advertising of legal acts which constitute the real rights or sent off. Real rights are by their essence, opposable erga omnes, unlike the claim that rights are only enforceable against a debtor determined. But for it to be functional opposability erga omnes right to be as real to which it refers to be known by members of society, so that they can respect it as such. In other words, it is necessary publicity act by which he was born.


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"In a matter in which literature is not abundant, but are interested in daily practice, a considerable number of people - almost everyone - the paper has the merit of new and existing legal instrument particularly useful for practitioners and theorists of law, which can find answers to many of the numerous issues that he raised more controversial real estate advertising, particularly those related to the recent change in legislation (Government Emergency Ordinance no. 64 / 2010, which amends Law no. 7 / 1996 of the cadastre and real estate advertising).
Doctoral work prepared by Oana Florentina Rent (Ispas) was developed by studying a rich literature after critical evaluation of the jurisprudence in this field, both at national and European plans, the author used the method of comparative study, which which is reflected in the high scientific level and content of the thesis.
In this research work, talent and passion put PhD, offering some views and arguments achieve real effectiveness of their advertising for both the real estate, and the furniture "

Prof. dr. Dr. Marilena Uliescu,
former director of the National Institute of Magistracy