Claim for recovery. Proof of ownership. Donation contract

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Analysing this writ (our note Excerpt from the Notary Records of the Eparchial Assembly', the Court finds that it was not drawn up by a public official, as the appellant claims, but by the diocesan council, being a document under private signature and not an authentic deed. As regards the content of the document, it is noted, on the one hand, that the first paragraph refers to a donation of the building of the Singers' School, expropriated on the date of the meeting of the Council, from the Society of the Brotherhood to the Diocese and, in paragraph 4, refers to the Society making the building available to the Diocese for the establishment of the Singers' School.

However, given that, according to Article 813 of the Civil Code of 1864, in force at the time of the alleged donation, this legal act could be made, ad validitatem, only by authentic deed, the first court correctly held that there was no proof of transfer of ownership from the Brotherhood to the plaintiff.