The provisions of the Romanian Civil Code adopted in the field of main real rights must be analyzed both from the perspective of regulation and from the perspective of the issues they may raise in practice. In this paper, we will try to approach the legal limit of the private property right – the right of way compared with the right of servitude – a dismemberment of the private property right.

Expropriation actually appeared in the case law of the European Court of Human Rights and at the same time in the case law of national courts. Considering that this institution, quite common in the practice of courts, does not enjoy a regulatory framework, intervening when the holder of the private property right is deprived of the exercise of the prerogatives of his right, the award of damages by the courts was seen as having no legal b...