Selling a property under false power of attorney

The High Court of Cassation and Justice has ruled that the principle governing the consequences of nullity of the legal acts, jure resoluto dantis , resolvitur jus accipientis ,the establishment of absolute nullity of the power of attorney on which the conclusion of the sale was based – purchase of immovable property determines nullity of the subsequent act . Therefore, the action to recover by doing the comparison of the parties titles and retaining that the parties signatures on the power of attorney did not belong to the true owners of the goods, which was the basis in which the contract was concluded the sale of the property. The court legally admitted the legal claim, giving efficiently to the right of the real owners , who have never consented to the alienation of their property rights . (Decision no. 3224 of June 11, 2013 rendered in appeal by the 1st Civil Division of the High Court of Cassation and Justice covering action for recovery)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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