Action for the recovery of possession
Real estate lawyers in Romania. What is action for the recovery of possession?
Action for the recovery of possession in Romania is a legal means of defending a private property right in Romania or public property right through which the owner can obtain the return of their public or private property right in Romania from someone who holds it without right. In other words, it is a legal action in which the claimant, who asserts ownership rights in Romania of a specific individual asset of which they have lost possession in Romania, seeks to compel the defendant, who controls that asset, to acknowledge their ownership rights in Romania and return the asset to them. The owner also has the right to compensation, if applicable. A real estate lawyer in Romania, litigation attorney in Romania or a real estate litigation attorney in Romania can guide you through the steps necessary to assert your rights in the event of disturbance of possession in Romania.
Legally, recovering property in Romania is a real action, as it can be brought against any person holding the property right in Romania; by exercising such an action, the aim is to defend a real property right in Romania, which gives it the character of a petitory action, with the claimant seeking to assert their property right in Romania through the return of physical possession in Romania. Pavel, Mărgărit & Associates Romanian Law Firm invites you to seek the services of a real estate litigation law firm in Romania specializing in recovery of possession in Romania, real estate claim in Romania, action for the recovery of possession in Romania, real estate disputes in Romania when you are facing recovery of possession based on right title in Romania to ensure the legality of procedures concerning both immovable and movable properties in Romania.
Litigation attorney in Romania. Parties.
As with any legal action, recovering property in Romania involves two parties represented by the claimant and the defendant. Because recovery of possession in Romania cannot exist without a property right in Romania, either over private property right in Romania or public property, the procedural capacities differ.
In the case of recovering private property right in Romania, the active procedural capacity will belong to the owner (the one who has suffered a disturbance of possession in Romania) or their creditors, and in the case of recovering public property, the state or local administrative units will hold this capacity.
The passive procedural capacity belongs to the possessor or any person who holds the property without right, including the holder or the tolerated.
If you are facing a recovering possession in Romania, real estate in Romania, recovery of possession of movable property in Romania or recovery of immovable property in Romania disputes, consulting a real estate litigation law firm in Romania, a real estate lawyer in Romania or a litigation attorney in Romania is an important first step to maximize your chances of success.
Real estate litigation attorney. Legal grounds.
The real estate claim in Romania involving both immovable and movable properties in Romania,is expressly regulated by several articles of the New Civil Code, including Article 563 and subsequent ones, which define the recovery of possession in Romania and the effects that may arise from real estate law disputes. Article 865 concerns the defense of the right to public property, while Articles 937 and subsequent ones refer to recovery of possession of movable property in Romania.
Property litigation lawyers in Romania. Imprescriptibility of recovering possession in Romania
In situations where a tenant’s right to use a property has expired due to the termination of the lease by expiry of the term, action taken by the landlord in Romania, non-payment of rent or lease, or any other reason, and the landlord in Romania wishes to regain possession of the property, they shall notify the tenant in Romania in writing (a document referred to as an eviction notice in Romania or tenant eviction summons in Romania, in the case of a lease agreement) through a judicial executor, requesting the tenant in Romania to vacate and surrender the property within a maximum period of 30 days from the date of the eviction notice in Romania or tenant eviction summons in Romania, when the eviction procedure concerns a lease agreement that no longer constitutes a valid title for the tenant in Romania.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in civil law, especially regarding assistance for action for the recovery of possession. A real estate litigation attorney in Romania can support you in filing an action for the recovery of possession before the court, having great experience in civil litigation. In order to benefit from our professional support and for litigation attorney advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
Don’t navigate these challenges alone. Contact Us today for expert assistance tailored to your needs.
Real estate lawyer in Romania. Proof of ownership rights in Romania and modes of acquiring it.
The rule governing real estate claim in Romania is that proof of ownership rights in Romania of properties registered in the Land Registry will be made with the extract from the Land Registry, except for real rights acquired throughn usucapion in Romania, natural accession, expropriation for public utility cause, as well as other cases expressly provided by law for which registration in the Land Registry is not a rule.
Moreover, in the case of litigation concerning a immovable property in Romania, the burden of proving ownership in Romania falls on the claimant. The defendant has a favored position because a presumption of ownership rights in Romania operates in their favor based on the fact that they possess that property, even if this fact is supported by a disturbance of possession in Romania.
Private property right in Romania can be acquired either by an original mode or a derivative mode.
A private property right in Romania is considered to have been acquired by an original mode when this occurred through usucapion in Romania, occupation, natural accession, or by acquiring the fruits through good-faith possession. Therefore, if ownership in Romania of a property has been claimed through one of these modes (adverse possession, occupation, natural accession, acquiring fruits through good-faith possession), the proof of the existence of the ownership rights in Romania will be certain and absolute.
A litigation attorney in Romania or real estate lawyers in Romania can guide you through the steps regarding the initiation of recovery of possession of movable property in Romania or immovable property in Romania to ensure the accuracy of legal procedures.
Modes of derivative acquisition of ownership rights in Romania include buying and selling, inheritance, or donation. In this case, proof of ownership in Romania does not have a certain, absolute character.
In this regard, a real estate law firm in Romania, a litigation attorney in Romania specializing in recovery of possession based on right title in Romania, recovery of possession of movable property in Romania, recovery of immovable property in Romania can assist you in completing all necessary steps for acquiring ownership rights in Romania, as well as regarding the right to use a property.
Lawyer recovery of possession in Romania. Where is the claim based on action for recovery of possession procedure in Romania filed?
The claim for litigation based on recovery of possession of movable property in Romania and recovery of immovable property in Romania is submitted to the competent territorial court that adjudicates real estate disputes in Romania within the jurisdiction where the immovable property in Romania is located in the case of recovery of immovable property in Romania or where the movable property was found in the case of recovery of possession of movable property in Romania.
Property litigation lawyers in Romania. Relationships between co-owners in cases of joint tenancy in Romania
When there is a situation of joint tenancy in Romania, meaning that private ownership rights in Romania over the same property belong simultaneously to multiple persons, the recovery of possession in Romania cannot be used in the relationships between them. The holders of property rights have simultaneous and competing rights over the common property. Therefore, none of the co-owners has exclusive rights over the property until the joint tenancy in Romania is terminated, i.e., through partition. However, each co-owner can individually pursue legal action, regardless of procedural capacity, in any action concerning co-ownership, including in the case of an action for the recovery of possession in Romania
A real estate law firm in Romania, a litigation attorney in Romania or real estate attorneys in Romania specializing in issues related to partition (joint tenancy in Romania) or immovable property in Romania can provide legal assistance tailored to your needs regarding private property right in Romania.
Attorney for movable property revendication. Acquisition of movable property.
The rule in the matter of recovery of possession of movable property in Romania is that anyone who is in possession in Romania of a movable asset at a given time is presumed to have acquired ownership rights in Romania over the asset and possession in Romania in good faith is equivalent to ownership in Romania. However, in practice, several scenarios may arise that complicate the acquisition of movable property and lead to the initiation of a recovery of possession of movable property in Romania.
Among these scenarios is the situation where the owner voluntarily relinquishes the movable asset to a precarious holder and this holder subsequently sells the asset for consideration to a third-party bona fide acquirer, who then takes possession in Romania of the asset. Another scenario involves a situation where the movable asset comes into the possession in Romania of a third-party bona fide acquirer through loss or theft from the owner. Additionally, the law addresses cases where the movable asset is in the possession of a thief, a finder, or a third-party bad faith acquirer who has not complied with legal provisions. Lastly, there is also the scenario wherethe owner involuntarily loses possession in Romania of the movable asset and the finder complies with legal provisions regarding found property.
Consulting a real estate law firm in Romania with specialized real estate attorneys in Romania qualified in usucapion in Romania, action for recovery of possession procedure, recovery of possession based on right title in Romania is essential for achieving favorable outcomes in cases involving disputes related to recovering possession in Romania.
Lawyer property right in Romania. Effects of admitting a recovery of possession in Romania
The effects of admitting action for the recovery of possession in Romania for both immovable and movable properties in Romania aim at the restitution of the thing, which can be done either by the actual return of the claimed property or by equivalent compensation, where the obligation to deliver the property is replaced by payment of a sum of money. In this regard, a real estate litigation law firm in Romania specializing in compensation can assist you in recovering monetary sums if the defendant acted in bad faith.
The admission of an action for the recovery of possession in Romania also has implications for the products and fruits. The defendant, regardless of whether they acted in good faith or bad faith, has a right of retention over the fruits and products until reimbursement of the expenses incurred for their production and harvesting. A court decision admitting the recovering property in Romania is binding and enforceable even against a third-party acquirer.
Pavel, Mărgărit & Associates Romanian Law Firm invites you to avail yourself of specialized legal services offered by a real estate lawyer in Romania, litigation attorney in Romania or real estate attorneys when facing situations involving immovable and movable properties in Romania or similar real estate disputes in Romania. Our team of specialized attorneys provides essential legal services, including drafting and reviewing documents, resolving disputes through alternative methods and offering consultancy on a wide range of legal aspects to protect the interests of the represented party. With the support of property litigation lawyers in Romania, real estate lawyers in Romania you will benefit from expertise in the field and guidance through each stage of the process.
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