DECISION № 94 OF 18.04.2012 ON CIVIL CASE № 1562/2010, CIVIL COLLEGE, ІV CIVIL DIVISION OF THE SCC

Author

THE SCC

Annotation

The proceedings areunder Art. 290 of the Civil Procedure Code and have been admitted due to the importance of the substantive law issue of the distinction between a claim for compensation under Art. 31, para. 2 of the Ownership Act, and a claim for part of the realized benefits under Art. 30, para. 3 of the OA, and the question whether a new claim shall be required when the party using the property had been invited to pay compensation prior to acquiring ideal parts of it.

Keywords

co-ownership, benefits and encumbrances, usage, compensation

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