Revendication action in Romanian civil law
A revendication action is the means by which an owner recovers their property from any unauthorized possessor. It does not lapse for immovables.
Definition
Revendication in Romania
Revendication (art. 563-566 Civil Code) is the real action by which a non-possessing owner recovers their property from a non-owner possessor. The plaintiff must prove ownership and the defendant's possession without right. For immovables, the action is imprescriptible, it does not expire, but the possessor may acquire ownership by adverse possession (10 or 30 years).
For movables, art. 935 protects the good-faith possessor: possession equates to title. If the action is admitted, the bad-faith possessor must return the property, the fruits collected and bear damages; the good-faith possessor returns only fruits collected after the lawsuit and may claim back necessary and useful expenses.
Frequently asked questions
In principle yes: the action does not expire for immovables. The risk is that the possessor has acquired the property by adverse possession.
Yes from a bad-faith possessor. A good-faith possessor only returns fruits collected after the lawsuit was filed.
Do you have a case in court?
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