TERMS USED IN THE REAL ESTATE FIELD
HOMESTEAD = the individual beneficiating of a homestead right may live in that real property for all the time when the homestead right is in his favor.
ACT = document issued by a state authority, by which a fact, an obligation or someone’s identity is attested. There are several act categories:
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Legal act = consent of one or more individuals, on the purpose of creating, modifying or dissolute their rights and obligations
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Administrative act = the act issued by the administrative bodies, which can be: normative, when by it are established general legal norms; individual, when it has the purpose the conclusion, change or dissolution of concrete legal relations.
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Administration act = the act by which a good is transformed in a revenue provider without being alienated.
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Disposal act = act by which is transmitted a real right concerning a good or by which one disclaims his/her right (for instance the property, charge, usufruct)
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Processual act = disposal act of the legal body
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Procedural act = the act by which the processual act is accomplished
LEGAL ACT = evidence from the written category provided by the art.1171 respecting the Civil Code. According to the law, the authentic act is the act made according to the solemnities asked by the law through a registrar having the right to function where it has been made. Concerning the authentication, see Law no.36/1995, according to which the notary public is authorized to authenticate a document. The copies, reproducing a written document, can be evidence in the conditions provided by the art.1188 Civil Code.
CIVIL LEGAL ACT = consent in order to produce legal effects, meaning to create, change or dissolute a civil legal relation. The legal acts are of many types: unilateral, bilateral or multilateral. In order to be validly concluded, the legal acts have to accomplish certain fundamental conditions and when the act is testified there are also some form conditions to accomplish (see art. 948-968 from the Civil Code).
DOCUMENT UNDER PRIVATE SIGNATURE = evidence of written category, having besides its content, also the signatures of the parties, these being necessary for its validity. The document can be handwritten, typed, printed. The documents under private signature, unlike the authentic documents, do not have executor power; for this power a court decision is necessary.
HANDSEL = it is a convention for the sale, having as object an amount of money that one of the parties gives to the other when thy conclude a sales- purchase agreement as a warranty of the agreement conclusion.
ADVANCE = the amount of money, part of the price for a purchased good, paid in anticipation by the beneficiary, amount which – according to the agreement provisions – might be lost by the part that did not accomplish its contractual obligations.
REAL ESTATE REGISTER OFFICE = auxiliary department of the court, having as activity object the registration in the real estate register of the legal acts and facts concerning the real estates.
COMMON GOODS = is a system established by the law or by the parties agreement concerning their goods. The goods acquired during their marriage, by any of the spouses are common goods starting from the date of their acquirement. If the legal provisions are accomplished, all goods can become common goods, without any distinction between real estate and movable property, tangible or intangible assets.
CADASTER = unitary and compulsory system of technical evidence, economic and legal, by which one can identify, register, represent on maps and cadastral plans all the lands and other real estates on the entire territory of the country, no matter their destination and owner.
LAND REGISTER = system of real estate publicity based on the cadastral identification of the real estate and it can be common (for the whole building) or individual.
CERTIFICATE OF INHERITANCE = is a title according to which the individual for whom it has been issued can prove his/her quality of successor. It is issued upon a final conclusion given during the probate procedure, by the notary of the place where the deceased had the last residence. The certificate makes references to the mass of heirs, the number and the quality of the successors and also the shares from the deceased’s patrimony.
CONCESSION = a convention between the state and the lessee by which the second one acquires the right to exploit fields of petrol, mines, companies etc. belonging to the state. The concession is based on an agreement by which an individual, called concession provider, transmits for an undetermined period, but not the most 49 years, to another individual, called undertaker, acting on his own risk and responsibility, the right and obligation to exploit a good, an activity or a public service, for a quotation.
CONTRACT/AGREEMENT = civil legal act consisting in the consent between two or more entities, concluded in order to create, modify or dissolute the right and obligations between them.
SALES-PURCHASE CONTRACT/AGREEMENT = is an agreement by which one of the parties (the seller) transfers the property of one of his goods to the other party (the buyer) who shall in return pay the price for the sold good.
EXCHANGE CONTRAC/AGREEMENT = is an agreement by which the parties transmit to each other the ownership of an object for another object.
LEASE CONTRACT/AGREEMENT = an agreement based on which the entity called leaser is obliged to assure for another entity, called lessee, the integral or partial use of a thing or a service for an undetermined period of time, for an appropriate price.
CONTRACT OF MANDATE = an agreement by which an entity, called mandatory, is obliged to conclude some legal acts upon another entity, called mandant, that he/she represents according to the given deed. Usually it has the form of a written document called power of attorney, empowerment (even delegation).
DEED OF DONATION = is an agreement by which an individual called donor transfers irrevocably his/her right upon the property or upon multiple determined goods to another entity, called grantee, that accepts them.
BAILMENT CONTRACTUL/AGREEMENT = an agreement concluded between the bailor and the bailee, according to which the first one gives to the other the right to use for a period of time on the condition that he return it to its owner in his specific status. The bailment is a free agreement, unilateral and it usually generates obligations just for the bailee.
CONTRACTOR AGREEMENT = is an agreement concluded between the entrepreneur who shall execute on his own risk a certain work for the other part called client, in return of a price. It is frequently met the building contract. According to the contractual clauses, providing the necessary materials is the duty of the entrepreneur or excessively of the client.
COMMISSION CONTRACT – is the agreement by which an entity (commissioner) shall conclude on behalf of his/her own but on the expenses of another entity (commitent) a legal act, in return of a remuneration.
PREEMPTIVE RIGHT = facility of being preferred by any other entity for buying a certain good.
EASEMENT RIGHT = real estate right, accessory, continuous and undividable subdividing the property and conferring to its holder certain prerogatives strictly limited to other one’s good.
EVICTION = latent defect, fraud in civil terms.
UNINCORPORATED AREA = the part of the administrative and territorial part outside the built-up area, cadastral limited according to the law.
REAL ESTATE = lot of land with or without buildings
LOCALITY BUILT-UP AREA = territory determined by the General Urbanity Plan (PUG), including the lands with and without buildings, forming a locality. The built-up area may be developed by extending it in the unincorporated area only according to an area urbanity plan (PUZ), legally approved, consequently being integrated in the locality General Urbanity Plan (PUG).
MORTGAGE = real and accessory warranty not dispossessing the debtor of his mortgaged property. It gives to the debtor the opportunity to follow the good in order to receive his credit by preference.
SUCCESSOR = individual inheriting or going to inherit the fortune of the deceased. The civil code does not define the successor, but art.650 shows the category of successors, namely:
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Legal successor (come to the inheritance according to the law)
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Testamentary successors (acquire the inheritance based on a will)
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Contractual successors (inherit the fortune according to an agreement).
HOLDER = natural or legal entity holding just the possession and the use of the dismemberments of the property right.
OWNER = natural or legal entity holding exclusively or in subdivision the real right upon the property body submitted to the registration.
PUBLIC RECORD REGISTRATION = system of registration in public documents of property body, with the real estate rights that the owners and the holders have upon it. The public record registration is made through the Real Estate Register.
USUFRUCT = real right, according to which an entity, called usufructuary, might use an object belonging to other individual called owner and beneficiate of the utility of that good, but having the obligation to keep the substance of the property and give it back to the owner after its use. Te usufruct right is acquired by prescription.
LAST WILL AND TESTAMENT = legal act by which an entity (the testator) disposes his whole patrimony or a part of it, after his death. It is one of the ways to alienate the property for free. The law provides that the will is a revocable act by which the testator disposes for his death all or a part of his fortune.
