THE “NEW LOOK” OF ACCESSION IN THE ROMANIAN LAW, A SOURCE OF INSPIRATION FOR ITS REGULATION IN THE COMMUNITY SPACE

• Main Author: ADRIANA IOANA PÎRVU
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2013-05-01
• Series: Challenges of the Knowledge Society
• Subjects: accession; legislative technique; interpretation; ownership right; good faith.
• Online Access: http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_043.pdf

Although the trend is to interpret legal texts directly, regarding each legal regulation as a freestanding text, many times legal norms have to be correlated and interpreted ones by means of the others. Thus the legislative technique plays a very important part in drawing up an efficient legislative act whose enforcement should not generate any difficulties caused by the misinterpretation and misunderstanding of the norms. It is obvious why the lawmaker has given such attention to accession, bearing important changes which have taken shape into a regulation much higher than the previous one. If the lawmaker’s attention to details is generally appreciated, i.e. it is useful to cover legislative lacunae by new regulations, sometimes excessive regulation is regarded critically by legal councillors, generating a poisonous inflexibility in enforcing the law. Also, the lawmaker’s attempt to define some terms within the code is regarded critically, too, by legal councillors, considering that it is not pertinent to define some terms within a civil code. We consider that by the regulating way the lawmaker succeeded in surpassing its old pattern, the French civil code adjusting better to the situations arising from practice. Also, the Romanian lawmaker evolved from the point of view of systematization of norms, compared to the French lawmaker which keeps on treating immovable accession, including the movable one, as conglomerates of norms. The new accession regulation is a progress from the point of view of enforcing the norms of legislative techniques. It can certainly represent a pattern for the regulation of the accession in the law of other EU Member States, and not only them.