Artificial real estate ascension. Action for compensation lodged by the author of the sustainable autonomous work. Applicability of the provisions of Article 581 of the Civil Code. Conditions and effects in relation to the provisions of Article 14 para

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

According to the provisions of Article 581 of the Civil Code, if the author of the sustainable autonomous works on the real estate of a third party acts in good faith, the owner of that real estate shall be entitled: a) to request the court to order his registration in the Land Book as the owner of the work, paying, at his own discretion, to the author of the work, either the amount of materials and labour, or the value increase which the real estate acquired due to the performance of that work or b) to request that the author of the work be forced to purchase the real estate at the property price estimate which it would have had if the work had not been performed. The possibilities conferred by Article 581 of the Civil Code refer to the owner of the land, and not to the author of the sustainable autonomous work over the real estate of a third party, and, consequently, the application of these legal provisions by the court in the case of the action for compensation lodged by the author of the work shall be wrong. According to Article 14 para. 2 of the Civil Code, good faith shall be presumed to the contrary. The examination of the good faith of the author of the work of setting up the plantation should be done in relation to the start date of that work, and not in relation to the time when the owner of the land gets certain court orders, which shall be subsequently to the commencement of the sustainable autonomous work.