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- Title
Dreptul de retenţie. Limite.
- Authors
Moise, Alin-Adrian
- Abstract
From the date of the final judgment establishing liens, the bad payer debtor no longer benefits from the emoluments of the subject of lien as a real civil penalty established in his/her charge, to whom, by way of derogation, are not recognized some of the ownership prerogatives. Use of property unaffected by a guarantee such as the right of lien without the owner's consent is however an illegal act that creates the quantified loss of use damage into the owner's patrimony. Therefore, the action of the owner-debtor filed against the retentive creditor who acquired the property emoluments which were subject to the right of lien during the retention for obtaining compensation for loss of use of the concerned property, is unfounded in terms of value of emoluments related to the building - which was subject to the right of lien - and well founded in terms of the value of emoluments related to the land the building is situated on - and which was outside the creditor's right of lien limits.
- Subjects
LIENS; JUDGMENT Day; DEBTOR &; creditor; CULTURAL property; BAILMENTS
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2012, Issue 5, p77
- ISSN
1844-6450
- Publication type
Article