Aparența în materia proprietății mobiliare și imobiliare

Abstract

In terms of what the dynamics of law mean, as an innovative factor opposed to the statics of law, the study proposes a circumstantial incursion into the scope of the matters generated by the colour of right’s invincibility. The authors consider operational solutions, ope legis, as exceptions to resoluto iure dantis resolvitur ius accipientis or, judicially, according to art. 17(2) of the Civil Code, by applying the adage error communis facit ius. Also, the study is focused, suma summarum, on the doctrinal and jurisprudential solutions in movable and, predominantly, real estate matters.