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The High Court of Cassation and Justice. Action for recovery. Opposition of short-term acquisitive prescription

High Court of Cassation and Justice has ruled that for short-term effects of acquisitive prescription is required to produce not only prove possession, but title of justice, which, according to the doctrine and jurisprudence, is an act translative of ownership that comes from a non-proprietary. Therefore, to an action for recovery may not be opposed the short-term acquisitive prescription where defendant claimed as a just title a certificate of ownership issued under Law no. 15/1990, as the law and acquisitive prescription represent distinct ways of acquiring ownership, which exclude one another. (Decision no. 825 of February 20, 2013 delivered in Civil Appeal Division I of the High Court of Cassation and Justice covering action for recovery).

:: The source: JURIDICE.ro

Robert BĂLAȘA

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