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    STUDIA IURISPRUDENTIA - Issue no. 3 / 2009  
         
  Article:   A VIEW ON THE TORRENS SYSTEM.

Authors:  ANA-CRISTINA BĂDIŢA.
 
       
         
  Abstract:  A View on the Torrens System. To create a perfect land register – one which will protect with the same efficiency both the good faith buyer as well as the owner who was fraudulently evicted and who can not be depicted as negligent – is a difficult if not impossible undertaking. My interest was drawn to the original and inspired solutions which exist in the Australian Torrens system, which could be a model for the Romanian legislation, considering the current efforts to systematize the whole territory and to put it under a unique book land. If according to Statute nr.7/1996 the effect of the registration is opposability towards third parties, in the New Civil Code Project the constitutive effect is put back into play. The text is an argument for the latter solution which already exists in Australia for a century and a half.

Keywords: real property act, Torrens, land register
 
         
     
         
         
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