Fraud by usucapion

Mariana-Alina Zisu; Rodica-Raluca Ștefănoaia

Mariana-Alina Zisu Legal adviser drd., member of the Methodological and Professional Guidance Commission of the "College of Legal Advisers Suceava" Association, member of the Methodological and Professional Guidance Commission of the Federation "Order of Legal Advisers from Romania
Rodica-Raluca Ștefănoaia Legal adviser at the Lostun Răzvan Laurian Individual Notarial Office, member of the Association „College of Legal Advisers Suceava”

Keywords: fraud; usucapion; legal instrument; abuse

Abstract

Usucapion is a legal mechanism by which a person can acquire ownership of an asset through continuous, public, and uninterrupted possession for a specified period, as prescribed by law. However, this legal instrument can be used fraudulently to illegally obtain property that does not rightfully belong to the person invoking it. Usucapion fraud occurs when a person forges documents, simulates possession, or misleads authorities to obtain an asset unjustly. These actions can constitute crimes such as forgery, deception, perjur,y or breach of trust. In this context, it is essential that usucapion is applied correctly and that attempted fraud is identified and punished according to the law.

References

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