Reference for a preliminary ruling substituting the sale-purchase agreement. Invoking the plea of limitation period of the material right of action.

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

The contracting parties have not provided for that the obligation of the promissory-sellers would arise upon issue of the decision of restitution in kind of the building, but no later than in 30 calendar days from the completion of the legal procedures for acquiring the ownership right. Amongst these legal procedures there is also the action of putting in possession, subsequent to the issue of the ownership right, which not only necessary (as possession is one of the attributes of the ownership right), but also expressly provided for under article 25 para. (4) of Law no. 10/2001. Accordingly, until acquiring possession over the restituted building, it cannot be considered that the legal procedures for acquiring the ownership right have been completed. The issue of the decision according to Law no. 10/2001, as a supporting document of the ownership right, is followed by the realization of the other milestones needed for the completion of the procedures of acquiring the building, respectively the fulfillment of the real estate publicity formalities, in compliance with Law no. 7/1996, and the action of putting in possession, this last operation conferring on the holder of the ownership right the powers to fully enjoy the estate.