ACCESIUNEA IMOBILIARĂ ARTIFICIALĂ ŞI ÎMBOGĂŢIREA FĂRĂ JUSTĂ CAUZĂ
ARTIFICIAL REAL ESTATE ACCESSION AND UNJUST ENRICHMENT

Summary/Abstract: The analysis starts from Decision no. 159/2020 of the High Court of Cassation and Justice of Romania, Civil Section I, presented in a summary, which we read in two ways and which we see as a weak or brilliant decision. At the punctual and natural reading (from the beginning to the end and by reference to the data of the case) of the decision, we formulate several criticisms of the court's reasoning. We assign the first two sections of the article to this analysis, which starts from the data of the case in search of the correct solution for that case. The reading of the decision, however, in the light of its result, applied mainly to legal reasoning, reveals that the court broke some patterns grounded in previous doctrine and jurisprudence and used this case as a means to innovate. We dealt with this reading in sections 3-6 of the analysis in which we started from the result proposed by High Court of Cassation and Justice and we checked its legal reasoning, detaching us from a strict reporting to the concrete data of the case. The analysis goes through the verification of the moment of birth of the property right of the land owner over the work and reaches the means available to the author of the building. We are seeking actions by the author of the building based on the provisions on accession or enrichment without just cause. Finally, we support the opening of the High Court of Cassation and Justice and propose to reanalyze the possibility for the builder to formulate, in the realm of accession, effective clarifying actions.

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