Taking into account the recent change in Romanian civil legislation, we consider the present scientific material very useful for an overview of this institution under the auspices of the New Civil Code. The national legal provisions set clear, therefore, that the property is divided into two institutions, the public property and the private property. Property classification is very important in this form for us to understand the legal nature and the applicable regime for each type of property. Moreover, the property right, either private or public, has an elite regulation in most European laws, but also in universal laws the respect for it and the guarantee of this right can be also found in the fundamental human rights, in the international treaties, and in the constitutions of different nations. We will try, therefore, to offer a brief overview of the new Romanian legislation in the mentioned field, which is already harmonized with European legislation, the result being the New Romanian Civil Code. We believe that the interpretation should be considerably more extensive, but - pragmatically - we will try to capture the main theoretical and practical features to denote the importance of this institution.

The case-law of the ECHR, but also national jurisprudence, clearly states that each state must enforce a final and binding court decision in the matter of land ownership within a reasonable time in order for there to be an effective remedy and a just and equitable satisfaction, avoiding a sanction for the violation of Art. 6 of the Convention. In accordance with the case-law of the ECHR, the present study shows that the right to a court would be illusory if the legal order were to allow for a final court ruling to impair the litigant’s right to enforcement of the judgment. In accordance with the case-law of the ECHR, the enforcing of a judicial decision must be viewed as part of the lawsuit, and an unreasonably long delay in the enforcement of a binding judgment may breach the Convention. I have reached the conclusion that a person who has obtained a final and binding judgment against the State may not be expected to bring separate enforcement proceedings at the end of legal proceedings. In such instances, State authorities carry the burden to ensure compliance with a judgment against the State.

The National Program for Land Registration and the Land Registry, which aims to achieve the systematic registration of land in the integrated land cadastre and land register throughout the country by 2023 is in progress. It is a massive undertaking which requires the creation of a new land register and the registration of approximately 40 million immovable assets into it. The present study shows the legal hurdles that have been faced in carrying out the program. These issues are the following: ongoing property and border disputes between the various owners, succession procedures which have yet to be finalized, litigation that has arisen as a result of differences between land measurements and the data in the records held at the land registry. Due to the afore-mentioned legal issues, it is not possible to finalize the systematic registration in the integrated cadastre and land register throughout the country in time (by 2023). Also, there is the legal issue posed by the possibility for the person possessing the immovable asset without valid title to be inducted into the land register as owner, based on a certificate issued by a notary public, which in our opinion, is contrary to the law.

Maternity surrogacy aims to provide a child for one or more adults. This consists in the deliberate conception of a child, who is without a family of origin, by manipulating his/her birth and his/her biological mother to satisfy the desire of the beneficiary adults. Therefore, the legitimacy of surrogacy is at least debatable. However, considering the old realities of the current Romanian society, in the present study we proposed by lege ferenda the possible implementation in the legislation of maternity-altruistic surrogate, under certain conditions.

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