Uzucapion In Conjunction With The Partial Absolute Nullity Of The Title Of Property

Author:Ileana Constantinescu, Adriana Motatu
Position:Bucharest University of Economic Studies, Romania/Bucharest University of Economic Studies, Romania
Professor emeritus Ileana CONSTANTINESCU1
Lecturer Adriana MOȚATU2
Our objectives are to present a case study of a piece of land owned in adverse possession, with the surface of
200 sqm situa ted 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 a nd 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 stud y shows that, by the partial absolute nullity of the
title of property, the first owner runs the risk to lose 200 s qm 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 pro perty according to Law no. 18/1991. The results o f 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.
Keywords: adverse possession, title of property, sales-purchase contract, absolute nullity, subsequent
JEL Classification: K11
1. Introduction
We set out to present a case study on usucapion3 in general, on the old code of civil procedure
and the old Civil Code, after a period of thirty years, and on the New Code of civil procedure after a
period of twelve years, in some of the situations leading to the invalidity of the title of illegally
granted title for the usurped building4.
2. Uzucapion and partial absolute nullity of the title of property
An usurper of a 200-square-meter plot of land in Bucharest promoted court action for
usucapion, occupying the land for over 38 years, enclosing it with a fence and cultivating it. In
1993, however, one person appeared to own the land, although it had no evidence in this regard. In
1994, another person appeared at the gate on the same door, saying that she was the owner of the
same land. They did not disturb his possession, the land, as I showed, being surrounded by a fence,
and the key to the gate was only usurped. In 2005, this usurer in Bucharest, from sector 2, promoted
an action for usucapion. On this occasion, the defendant, that is to say the second owner, attached
the property tile by which the first person from whom he bought the land became the owner in
Bucharest of a land of 15,000 sqm from which the usurper in question had 200 sqm and the first
contract of sale - purchase between the first owner and the defendant in question. The defendant did
1 Ileana Constantinescu Bucharest University of Economic Studies, Romania,
2 Adriana Moțatu - Bucharest University of Economic Studies, Romania,
3 Ileana Constantinescu, Cristian Buzan, Daniel Moisei, Andreea Topor, Vanesa Magherușan, Iulia Drăghici, Mariana Preda, Camelia
Anghel, Adriana Moțatu, Dicționar juridic român-francez-englez, Milena Press, Bucharest, 2010, p. 147; Adriana Moțatu, Ileana
Constantinescu, Elena Dobre (coord.), Mic dicționar român-francez juridic și econo mic cu definiții minimale, Milena Press,
Bucharest, 2014, p. 93.
4 See Adriana Moțatu, Ileana Constantinescu, Studii de caz. Drept penal, drept civil, drept comercial, Milena Press, Bucharest, 2009,
p. 15; Adriana Moțatu, Ileana Constantinescu, Studii de caz. Drept penal, drept civil, Milena Press, Bucharest, 2017, (published on
CD); p. 20; Adriana Moțatu, Ileana Constantinescu, Quelques propositions en vue d’une harmonisation rapide de la législation au
cadre de l’Union européenne, in vol. The overarching issues of the European Space, Milena Press, Bucharest, 2015, p. 444-449.

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