UZUCAPION IN CONJUNCTION WITH THE PARTIAL ABSOLUTE NULLITY OF THE TITLE OF PROPERTY
Our objectives are to present a case study of a piece of land owned in adverse possession, with the surface of 200 sqm situated in Bucharest, although occupied for more than 28 years, which was the subject of a trial for adverse possession, this trial was lost on the merits, appeal and second appea...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
ADJURIS – International Academic Publisher
2019-12-01
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| Series: | Perspectives of Law and Public Administration |
| Subjects: | |
| Online Access: | http://www.adjuris.ro/revista/articole/an8nr2/12.%20Constantinescu,%20Motatu%20EN.pdf |
| _version_ | 1811285947837317120 |
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| author | Ileana Constantinescu Adriana Moțatu |
| author_facet | Ileana Constantinescu Adriana Moțatu |
| author_sort | Ileana Constantinescu |
| collection | DOAJ |
| description | Our objectives are to present a case study of a piece of land owned in adverse possession, with the surface of
200 sqm situated in Bucharest, although occupied for more than 28 years, which was the subject of a trial for adverse possession, this trial was lost on the merits, appeal and second appeal. Parallel with the promotion of the extraordinary way of attack of the revision, it promoted in the court a case for the absolute partial nullity of the title of property issue on the name of another person, a year before this title of property was obtained, this person sold the land to her son during the process of adverse possession performance. This case study shows that, by the partial absolute nullity of the title of property, the first owner runs the risk to lose 200 sqm of the title of property, all the subsequent documents being under nullity, not valid anymore. The research method used was the study of some passed judicial resolutions, of a title
of property and some sales-purchase contract. The results of the research led us to the conclusion that the court in Romania was correct when it allowed that the City Hall send the file to the court, the administrative file which was at the base of issuing the title of property according to Law no. 18/1991. The results of the study show that in this case irregularities were done as far as the issuance of the title of property is concerned, considering that there were no proofs before 1989 for the given title of property. Our study implications are done in the sense of a more attentive check of the authorities in order to issue the title of property and their validity. |
| first_indexed | 2024-04-13T02:52:29Z |
| format | Article |
| id | doaj.art-986ac506444e47158443d2a5433de150 |
| institution | Directory Open Access Journal |
| issn | 2601-7830 2601-7830 |
| language | English |
| last_indexed | 2024-04-13T02:52:29Z |
| publishDate | 2019-12-01 |
| publisher | ADJURIS – International Academic Publisher |
| record_format | Article |
| series | Perspectives of Law and Public Administration |
| spelling | doaj.art-986ac506444e47158443d2a5433de1502022-12-22T03:05:49ZengADJURIS – International Academic PublisherPerspectives of Law and Public Administration2601-78302601-78302019-12-0182278281UZUCAPION IN CONJUNCTION WITH THE PARTIAL ABSOLUTE NULLITY OF THE TITLE OF PROPERTYIleana Constantinescu0Adriana Moțatu 1Bucharest University of Economic Studies, RomaniaBucharest University of Economic Studies, RomaniaOur objectives are to present a case study of a piece of land owned in adverse possession, with the surface of 200 sqm situated in Bucharest, although occupied for more than 28 years, which was the subject of a trial for adverse possession, this trial was lost on the merits, appeal and second appeal. Parallel with the promotion of the extraordinary way of attack of the revision, it promoted in the court a case for the absolute partial nullity of the title of property issue on the name of another person, a year before this title of property was obtained, this person sold the land to her son during the process of adverse possession performance. This case study shows that, by the partial absolute nullity of the title of property, the first owner runs the risk to lose 200 sqm of the title of property, all the subsequent documents being under nullity, not valid anymore. The research method used was the study of some passed judicial resolutions, of a title of property and some sales-purchase contract. The results of the research led us to the conclusion that the court in Romania was correct when it allowed that the City Hall send the file to the court, the administrative file which was at the base of issuing the title of property according to Law no. 18/1991. The results of the study show that in this case irregularities were done as far as the issuance of the title of property is concerned, considering that there were no proofs before 1989 for the given title of property. Our study implications are done in the sense of a more attentive check of the authorities in order to issue the title of property and their validity.http://www.adjuris.ro/revista/articole/an8nr2/12.%20Constantinescu,%20Motatu%20EN.pdfadverse possessiontitle of propertysales-purchase contractabsolute nullitysubsequent document. |
| spellingShingle | Ileana Constantinescu Adriana Moțatu UZUCAPION IN CONJUNCTION WITH THE PARTIAL ABSOLUTE NULLITY OF THE TITLE OF PROPERTY Perspectives of Law and Public Administration adverse possession title of property sales-purchase contract absolute nullity subsequent document. |
| title | UZUCAPION IN CONJUNCTION WITH THE PARTIAL ABSOLUTE NULLITY OF THE TITLE OF PROPERTY |
| title_full | UZUCAPION IN CONJUNCTION WITH THE PARTIAL ABSOLUTE NULLITY OF THE TITLE OF PROPERTY |
| title_fullStr | UZUCAPION IN CONJUNCTION WITH THE PARTIAL ABSOLUTE NULLITY OF THE TITLE OF PROPERTY |
| title_full_unstemmed | UZUCAPION IN CONJUNCTION WITH THE PARTIAL ABSOLUTE NULLITY OF THE TITLE OF PROPERTY |
| title_short | UZUCAPION IN CONJUNCTION WITH THE PARTIAL ABSOLUTE NULLITY OF THE TITLE OF PROPERTY |
| title_sort | uzucapion in conjunction with the partial absolute nullity of the title of property |
| topic | adverse possession title of property sales-purchase contract absolute nullity subsequent document. |
| url | http://www.adjuris.ro/revista/articole/an8nr2/12.%20Constantinescu,%20Motatu%20EN.pdf |
| work_keys_str_mv | AT ileanaconstantinescu uzucapioninconjunctionwiththepartialabsolutenullityofthetitleofproperty AT adrianamotatu uzucapioninconjunctionwiththepartialabsolutenullityofthetitleofproperty |