14. Uzucapiunea de scurtă durată. Proces-verbal de adjudecare a unor terenuri la licitaţie publică. Neîncheierea contractului de vânzare-cumpărare. Inexistenţa justului titlu
14. Short-term usucapio. Minutes of award of land at public auction. Failure to conclude the contract of sale. Absence of just title

Summary/Abstract: "The minutes of the adjudication of land put up for public auction in bankruptcy proceedings cannot constitute just cause within the meaning of Article 1897 para. (1) of the old Civil Code, as it does not meet the formal requirements imposed by law for the transfer of ownership of real estate. This is because, in order to validly transfer ownership of the land, the mandatory legal provisions required the liquidator to conclude authenticated sale and purchase contracts to be drawn up by the notary public on the basis of the auction minutes. As such, the document invoked as a just title is not capable of transferring the right of ownership of the immovable property whose usucaption is claimed by the action and, being void, cannot serve as a basis for the prescription of 10 to 20 years, according to Article 1897 para. (2) of the old Civil Code”.

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