Constatare intervenire vânzare-cumpărare. Calitatea de bun comun a terenului pentru care s-a constituit dreptul de proprietate în temeiul Legii nr. 18/1991 şi care face obiectul promisiunii de vânzare

Finding the sale-purchase intervention. The capacity of common good of the land for which the ownership right was established under Law no. 18/1991 and which is subject to the promise to sell

Abstract

In the case of Law no. 18/1991, if it is about the establishment of the right of ownership for a person who did not possess any land in the past, as is the case here, the land shall become common good, provided that the allocation had not been made intuitu personae. Therefore, the court examined whether, in this case, the right was established on the basis of the capacities of the defendant spouse or of the exclusive relation that may arise from the personal nature of the right or from the exclusive economic purpose or nature of the property. Such an analysis can only be based on the...