Abstract: Property right is, in addition to other constitutional rights and freedoms, the foundation of a democratic state. The Romanian Constitution, both in its 1991 and 1993 forms, enshrined this aspect, thus the right to property, regardless of its holder and hence its public or private nature, is guaranteed by the constitutional provisions stated in Article 44. To achieve the declarative goal pursued by the constitutional provision, it is essential, as it appears from the interpretation and application of Article 1 paragraph 1 of Protocol I to the European Convention on Human Rights, for the owner to actually enjoy all attributes of property right, as defined by Article 555 of the Civil Code, namely the holder’s right to exclusively, absolutely and perpetually possess, use and own, within the limits set by law.

Key-words: Property right, owner, possession, real property warranties