DBPapers
DOI: 10.5593/SGEM2016/B23/S11.061

THE CADASTRAL AND JUDICIAL RECORD, AS WELL AS THE APPROVAL OF CADASTRAL WORKS IN ROMANIAN LAW

M. Marin
Friday 9 September 2016 by Libadmin2016

References: 16th International Multidisciplinary Scientific GeoConference SGEM 2016, www.sgem.org, SGEM2016 Conference Proceedings, ISBN 978-619-7105-60-5 / ISSN 1314-2704, June 28 - July 6, 2016, Book2 Vol. 3, 479-486 pp

ABSTRACT
The paper that I have prepared for this conference is an interdisciplinary analysis, necessary both to land registration field and to professionals related to this field, namely, lawyers, economists, engineers, etc. In order to keep correct and complete records of properties, first we must correctly identify the properties registered in the real estate register. To this end, a land surveyor engineer is required, one who has the necessary competence to identify that respective property. Subsequently, the works undertaken by the land surveyor will be registered in the real estate (publicity of imovable goods) register which makes a notation of the measured property.
Romanian legislation it is possible that in some court cases to be used evidence with specialized technical expertise (usually topographical expertise). Within this evidence a technical judicial expert is designated, with competence in the field of cadastre and topography / topometry, who will measure and assess the respective property. Sometimes, the expert who is appointed by the court may be specialized in the field of cadastre.
Romanian doctrine and jurisprudence know some specific aspects relating to the need of recognition of cadastral measurements through their endorsement by the specialized authority, respectively, the offices of cadastre and land registration.
There are cases where our courts, experts and litigants have different views on this endorsement of reports of technical expertise. In this context we intend to analyze the theme related to cadastral and legal records, and also to the endorsement of cadastral works in the Romanian law. The theme we have chosen is debated in the Romanian legal practice, also from the perspective of Romanian legislation that requires nationwide completion of cadastral measurement.
The innovative elements that we want to highlight through this study are that, from what we know, this issue has not been addressed from this perspective in the contents of any legal or cadastral paper. Moreover, we hope that through the analysis that we bring to your attention, to help in forming an opinion on the cadastral and legal records related to the endorsement of cadastral works in the Romanian law, to show the link between these records and the endorsement of the expertise reports and to clarify those who are interested in this issue, on the need and conditions of shown records and expertise endorsement.

Keywords: cadastral records, endorsement of cadastral works, land registration

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