4. Hotărâre a Curţii europene a drepturilor Omului. Îndeplinirea obligaţiei principale stabilite în hotărâre ulterior punerii în executare a obligaţiei alternative. Consecinţe
4. Decision of the european Court of Human rights. Performance of the main obligation established in the decision subsequently to the enforcement of the alternative obligation. Consequences
Author(s): Rodica ZahariaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: ECHR restitution obligation; alternative damages payment; unjust enrichment; land restitution compliance;
Summary/Abstract: If the European Court of Human Rights, under the decision ruled, put a main obligation in charge of the Romanian State, namely that of the effective restitution of certain lands and the issue of their related title deeds, and a deadline was established to this end, together with an alternative obligation to pay an amount as material damages, in case the State does not perform its main obligation within the established deadline of 3 months, the performance of the main obligation by the Romanian State after the expiry of the established deadline shall not entitle the plaintiffs of the decision to keep the amount which the Romanian State paid to them for the performance of the alternative obligation, as, thus, an enrichment without just cause would occur since they could not benefit simultaneously from lands and from their equivalent value.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2015
- Issue No: 02
- Page Range: 32-35
- Page Count: 4
- Language: Romanian
- Content File-PDF
