Action for recovery. Recognition of the right of retention of the property claimed until reimbursement of the necessary or useful expenses incurred on it, when it has the legal nature of a chattel. Interpretation of Art. 566 para. (7) of the Civil Code Co

JURISPRUDENŢĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

Pursuant to Article 2495 of the Civil Code, the right of retention may be recognised on the property claimed, whether movable or immovable, if necessary or useful expenses have been incurred in relation to it, including where the property is a fund‑producing one. Art. 566 para. (7) of the Civil Code does not establish a prohibition of recognition of the right of retention on the claimed property, when it has the legal nature of a fund‑producing one, if the purpose of the retention is to guarantee the reimbursement of necessary or useful expenses incurred in relation to the property. This solution is required by the literal and systematic interpretation of Article 566 para. (5)‑(7) Civil Code.