Claim for recovery. Land included in the aeronautical easement area. Impossibility of restitution in kind. Deprivation of property. Cash equivalent refund

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The inclusion of the land, over which the claimant's right of ownership had been reconstituted under Law No 18/1991, in the aviation protection zone deprives him of the attributes of its right of ownership, as listed in Article 555 para. (1) of the Civil Code and restitution in kind is not possible. Given the use of the property, it can be considered that it is irreversibly occupied, so that for the plaintiff who cannot exercise the attributes of possession, use and disposal, the property can be considered as "lost" from a legal point of view. Therefore, ordering the defendant to pay the value of the land by way of compensation is an equitable remedy for depriving the plaintiff of the full attributes specific to the right of ownership, and allowing the action under Article 563(3)(b) of the EC Treaty is a fair compensation. (1) and Art. 566 para. (1) of the Civil Code, being made in full legality.