HCCJ. Action for recovery of possession by comparing titles. Legally binding of the adjudication act

The High Court of Cassation and Justice has ruled that the act of adjudication can be the object of a lawsuit of title challenge, without being superior to another juristic act which transfer property rights, and the fact that, in this case, the act has been issued in order to carry out a ruling, which has stated the proceeding of that auction sale to be over and that it has to be issued, does not give it preference in comparison to another title, more characterized, taking into account the fact that the ruling has verified, within the limits of the investiture of the court, only if the proceeding of the auction sale has been respected, and not other contentious elements between the parties, that were not the object of the investiture. Regarding the lawsuit of title challenge, the High Court has ruled that the court of appeal has been right when it has stated the juridical efficiency of the last owner’s title, considering the fact that he has recovered the ownership of the asset by the annulment of the sale which was proved to have been made in order to defraud the rights of the seller’s creditors, to the injury of the rights derived from the act of adjudication, taking into account that, when the adjudication has taken place, the asset was not to be found anymore in the property of the debtor which was submitted to foreclosure, and the successful bidder has known the fact that, when the auction took place, the real estate was the object of a lawsuit, thus, he assumed the risk of losing it. (Decision no. 625 of the 26th of February 2014 pronounced in recourse by the Civil Section 1 of the High Court of Cassation and Justice, covering the action for recovery of possession).

::The source: JURIDICE.ro

Alexandra DOBRIȘAN

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