Action for annulment of the certificate of title. Time limit for bringing proceedings

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

In the case of an action for annulment of the certificate of title by a third party, the period of one year referred to in Article 11(1)(a) of Law No 554/2004 shall be calculated from the moment of becoming aware of the harmful administrative act. It is erroneous to consider that the third party-claimant became aware of the content of the certificate of attestation of the right of ownership and realised the existence of an infringement of rights or legitimate interests at the time of registration of the act in the land register, as this moment is not an absolute presumption in the calculation of the time limit for bringing the action. Such registration does not have the legal significance of knowledge of the administrative act, but gives rise to a presumption in the sense that the persons concerned could, with reasonable diligence, become aware of the content of the legal act on the basis of which the land registration was carried out.