Consideraţii privind reaua credinţă creatoare de drept

Rezumat

In the civil law, good faith is a legal concept which encompasses several moral values and which often generates rewards for the person whose behaviour complies with its requirements. Bad faith, which is more than the opposite of the good faith, is, in principle, subject to penalty. Nevertheless, the interference of other principles of the civil law may generate any situations in which real rights may be acquired in bad faith and enjoy legal protection.

Thus, in certain cases, the bad faith owner of an asset may acquire the ownership right over it or over the fruits produced by another person’s asset; certain real property rights may also be acquired by bad faith owner; the bad faith builder, which partially builds on the land which is the neighbor's property, acquires a share of the ownership right over the construction, but also over the share of the neighbor’s land which he has occupied; there are rights acquired in bad faith and which enjoy legal protection.

Keywords: good faith; bad faith; putative title; usucapion; artificial real estate accession; recognition of the ownership right.