4. Acţiune în revendicare. Compararea titlurilor de proprietate deţinute de părţi. Titlu de proprietate mai bine caracterizat
4. Action for recovery. Comparing the ownership titles held by the parties. The better ownership title

Summary/Abstract: If the titles come from different predecessors, the rights of the predecessors of the two titles are compared, and the one who acquired from the predecessor whose right is preferable shall prevail, according to the nemo plus iuris ad alium transferre potest, quam ipse habet (no one can transfer a greater right than he himself has). The certificate attesting the ownership title is issued by the romanian state, by its representative, the Ministry of Agriculture and Food, under the Government Decision no. 834/1991, and the ownership title is issued under Law no. 1/2000. Prior to the issue of the certificate attesting the ownership title, the legal person had no right of ownership over the building, but only a right of use and management. By the ownership titles issued under the legal proceedings regulated by Law no. 18/1991, Law no. 169/1997 and Law no. 1/2000 the ownership title existing in the possession of their predecessors was restored, reconfirmed for the heirs (or holders, as the case may be). In reality, actually, the ownership title has never left the possession of the predecessors, but only due to the social-political context, the exercise of the right of ownership was prevented, interrupted, and the laws invoked have a highly restoring nature, of acknowledging rights, and not a constitutive nature.

• Details
• Contents