Ignoring the Precepts of Legal Logic in Regulating Natural Immovable Accession

Abstract

Abstract Law has the well-known role or ordering individuals’ lives. Drawing up and coming into force of a law is not enough to reach such honourable desideratum. The “quality” of law is the one allowing or not the efficient settlement of the difficulties met by individuals in their social interactions. The legal technique norms impose an accessible, logical and necessary character to the law. The failure to comply with such desiderata has lead to the occurrence of some evil legislative phenomena, such as legislative inflexibility, excessive regulation or legislative inflation. Knowing and enforcing the legal logic precepts can prevent the occurrence of such unwanted phenomena. To the contrary, ignoring the legal logic precepts can generate a confused regulation, built on false premises. The regulation of natural immovable accession, as represented in most European states, can be an example of regulation built on such false premises. Wishing to achieve a regulation as comprehension as possible of this phenomenon, the lawmaker dedicated many legal norms to it. At a closer look, these norms prove to be lacking the character of necessity, as long as the problems generated by the natural immovable accession could have been settled by reference to general enforcement norms.