Actio de in rem verso

The High Court of Cassation and Justice decided that unjust enrichment is the legal fact that a person’s heritage is increased at the expense of another person’s property without that for this to be a legal basis which can cover the damages that arise by way of actio of the rem verso. In this regard, the High Court held that, if, after the time of termination of the lease,  the tenant requests an action for damages brought estate rental value growth in the absence of an agreement between the parties relating to investments made, the legal basis of the action for damages is the unjust enrichment. (Decision no. 2306 of June 18, 2014 rendered the appeal by the Section II of the Civil High Court of Cassation and Justice covering damages)

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Dan Alexandru NEGRU

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