Attorney Office “Alina Szilaghi” has a vast experience in formulating real estate claims, which is the most specific legal means of defending the property right, as it is a possibility for the owner to recover his good from the one who owns it without right.
The property claim is the legal means by which the applicant, the owner of the property right over a fixed immovable property, asks the court to recognize this right and, as a consequence, to oblige the defendant (the non-owner) to returns the good.
The Civil Code does not define the claim, but it states that the owner of a good has the right to claim it from the owner or from another person who holds it without right.
The claimant in the claim has to prove in all cases that he is the owner of the property claimed and the defendant has the illegitimate possession of the asset. Therefore, it is not sufficient merely for the applicant to claim that the defendant is legally entitled to the claimed asset.
The general rule established by the Civil Code is that the proof of the ownership right over the buildings entered in the land register is made with the extract from this register.
The action in the property claim is imprecise (that is, it may be introduced at any time in the court), unless otherwise provided by law, and is filed with the court in whose territorial jurisdiction the claimed asset is located.
The court’s material jurisdiction is determined on the basis of the value of the asset claimed. Thus, if this value is up to 200,000 lei inclusive, the competence for resolving the action for revocation belongs to the court, and if the value of the asset is more than 200,000 lei, the competence to resolve the case belongs to the court.
In the petition, the plaintiff must show that he is the owner of the property claimed and, if necessary, specify how he acquired the property and the title under which he owns the property. At the same time, the plaintiff must show that the defendant occupies without any right the property in question, in the sense that he has no title to it.
In proof or action, the parties may request the administration of evidence: documents (eg, proprietary documents on the property claimed), interrogation, topo-cadastral legal technical expertise to identify the building, etc.
If the action is admitted, the defendant will be required to return the claimed asset to the claimant.
If this property was alienated, the Civil Code expressly provides the complainant with the option of requesting the court to order the defendant to pay an amount of compensation, assessed in relation to the moment of restitution of the property.
The judicial stamp duty for the property claim is calculated based on the value of the asset claimed.
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