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universul juridic magazin

Consideratii privind interpretarea si aplicarea dispozitiilor art. 946 din noul Cod civil privind drepturile asupra tezaurului gasit

Art. 946 of the new Civil Code, marginally entitled “Rights to treasure trove”, preserves the tradition of Roman law and old Romanian law, clarifying certain relevant issues in this field and building on the doctrinal efforts concerned with the interpretation and application of art. 649 of the 1864 Romanian Civil Code. With regard to the notion of treasure, it is expressly stipulated that it refers to “any movables” which are not only voluntarily, but “even involuntarily” hidden or buried, and later discovered on one’s property, either immovable or movable property, the ownership of which no one can prove. The new wording no longer includes the condition that the treasure be discovered “as a result of pure hazard”. The scope of art. 946 is determined by express dispositions, excluding mobile cultural assets and public property.