DISCUȚII CU PRIVIRE LA INADMISIBILITATEA „RESTABILIRII SITUAȚIEI ANTERIOARE” DACĂ O PERSOANĂ, DOBÂNDIND UN BUN PRIN SĂVÂRȘIREA UNEI INFRACȚIUNI, ÎL ÎNSTRĂINEAZĂ ULTERIOR UNUI TERȚ DE BUNĂ-CREDINȚĂ

In this study the authors criticize the case law of some courts by which it is ordered „the restoration of the previous situation”, in case a person acquires an asset (by committing an offence) and subsequently alienates it to a third party in good faith. The situation presented is justified, according to the authors, by the idea that, if the solution suggested is not accepted, an uncertainty and an instability will be created in the civil circuit, which are likely to lead to the infringement of the property right or of the mortgage right. Moreover, in the matter of real rights on buildings, uncertainty would be reached even in respect of the buildings recorded in the land book, thus infringing the provisions of Article 900 (1) of the new Civil Code, a text that establishes that „if a real right has been recorded in the land book for the benefit of a person, it will be presumed that the right exists for the benefit of such person”.