Efectele Deciziei nr. LXXXVI (86) din 10 decembrie 2007 a Înaltei Curţi de Casaţie şi Justiţie – Secţiile Unite
Effects of Decision no. LXXXVI (86) of 10 December 2007 of the High Court of Cassation and Justice - United Sections

Summary/Abstract: The article analyses the implications brought along by decision no. LXXXVI (86)/2007, pronounced by the High Court of Cassation and Justice - United Sections, which admitted the referral in the interests of the law declared by the General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice, by which it was decided that, in case of adverse possession begun under the Law Decree and completed after the enforcement of Law no.7/1996, the declaratory actions for the acquisition of the right of property by means of usucapion, under Land Register, are governed by the provisions of the former law, namely the Law Decree no. 115/1938. The authors consider that the Supreme Court’s decision – which appeared rather late – burdens the acquisition of the right of property by means of adverse possession, in the regions governed by the Land Register also before 1996, the sanctioning of the owner who, through non-use, should lose the interest in land, which, in many cases, lacks content.

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