Imobil preluat de stat din patrimoniul unei persoane juridice. Acţiune în revendicare formulată în temeiul dreptului comun de către succesorii foştilor acţionari. Lipsa calităţii procesuale active

Real estate taken over by the State from the estate of a legal entity. Action for the recovery of possession filed pursuant to the common law by the successors of the former shareholders. Lack of locus standi

Abstract

The examination of the action for the recovery of real estate possession based on the provisions of Articles 480-481 of the Civil Code of 1864 shall require the complaining party to observe the evidence requirements of common law.

Hence, the claimants, as heirs of the former shareholders, are not automatically entitled to regain the ownership right over the goods which represented assets of the legal entity, taken over by the Romanian State pursuant to Law no. 119/1948, in the absence of the proof that the procedure of dissolution and winding-up of the company had been completed...