The present text deals with a new case-law of the Supreme Cassation Court on the admissibility of a claim for ownership in respect of property which does not exist.
In Decision No. 60098 of 05.10.2021 in case No. 3416/2020, the Supreme Cassation Court held that the procedural law does not provide for the possibility of defending of any future rights, including a future right of ownership, which would arise with the creation of the property. The non-existence of the object of the ownership right justifies the lack of a legal interest in establishing that right. A claim for ownership in respect of a non-existent object is therefore inadmissible.
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