2. Action for recovery. Comparison of the parties’ clear titles Cover Image
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2. Acţiune în revendicare. Compararea titlurilor de proprietate ale părţilor în litigiu
2. Action for recovery. Comparison of the parties’ clear titles

Author(s): Irina-Olivia Călinescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: action for recovery; ownership presumption; possessor’s legal position;

Summary/Abstract: The applicability of the rule established in art. 249 CPC that the person addressing the court must prove its rights is reflected in the formulation of an action for recovery. As such, the plaintiff in an action for recovery must prove his right of ownership of the property claimed. In what concerns the defendant possessing the good, it is under no obligation to prove his property rights since he benefits of the ownership presumption arising from the very fact of possession.

  • Issue Year: 2015
  • Issue No: 03
  • Page Range: 26-32
  • Page Count: 7
  • Language: Romanian
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