Second appeal. Retrial after quashing and stay. Claim. Deeds issued based on Law no. 18/1991. More specific title

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

It appears from the reconstruction carried out for the plaintiff that she has benefited from possession since 1996, at which point the land was no longer available to the local committee for it to carry out another possession at the level of 2006 (after 10 years) for the defendant's predecessor, and according to the provisions of Article 18 para. 2 of Law 18/1991 all the land of the agricultural production cooperative which is not allocated according to art.14-17, as well as the extra-urban land owned by the State and in use by the cooperative, also remain at the disposal of the commission, to be allocated to other entitled persons. Thus, since the area had already been assigned to the plaintiff (by validation and possession since 1996), the local committee was no longer able to put the defendant's predecessor in possession, which means that the plaintiff's title is not enforceable against the appellant.