PRIORITATEA TITLURILOR DE PROPRIETATE OPUSE CA URMARE A PRELUĂRII ABUZIVE ÎN TEMEIUL DECRETULUI 92/1950 – PREZENTATĂ ÎN LUMINA DECIZIEI CIVILE NR. 34A/31.01.2014 A CURȚII DE APEL BUCUREŞTI (II)
PRIORITY OF OPPOSITE TITLES AS A RESULT OF ABUSIVE TAKING OVER PURSUANT TO DECREE 92/1950 - PRESENTED IN THE LIGHT OF CIVIL DECISION NO. 34A / 31.01.2014 OF THE COURT OF APPEAL OF BUCHAREST (II)

Summary/Abstract: The present article is meant to analyze the situation of the immovables which were abusively taken during the communist decade in case their tenants had bought the immovables in question. Thus, the court enforced with solving the claim for restitution of property, put forward by the rightful owner, faced two types of ownership titles: the former arising from the ex-owners, the latter arising from the buyer tenants. I structured the article in several sections which I considered to be relevant for the present study. I was interested mainly in the aspects connected with the presumtion of property and with the common error generated by the effective legislation at the time of expropriation . I was also interested in the reasons pleaded by the courts of law according to the existing jurisprudence regarding the concept of asset, the principle of legal relationships security and the reparative effect, nationally produced by the implementation of Law no 10/2001.

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