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Action for recovery regarding “res genera”

The High Court of Cassation and Justice has ruled that an action for recovery of property covering type (in this case the wood resource), the existence of the contract and the invoice is not sufficient for proof of ownership of the applicant buyer, as the objective is the transfer of ownership of a res genera, in this particular case where transition occurs through individualization of property under art. 1300 of the Civil Code (Art. 1678 NCC), and the proof of this operation was not present. (Decision no. 3840 of November 8, 2013 rendered the appeal of Section II of the Civil High Court of Cassation and Justice covering action for recovery)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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