ROMANIA : High Court of Cassation and Justice, 1940-23 August 1944

Decision Nr.1. 26 November 1941 ( Annulled September 1944 )

Dimitrie G Lupu ; First President of the High Court of Cassation and Justice.

D.Chihodariu; Section I-

M. Mosgos: Section II-

C. G. Macri. Section III-

L. Stefanescu: Section IV-

DECISION:

 "WHEREAS FROM ALL OF THE ABOVE IT RESULTS BUT AS A DEFINITIVE FACT ESTABLISHED NOT ONLY ON THE BASIS OF DECREE-LAW NO.1951 PUBLISHED IN THE OFFICIAL JOURNAL NO. 157 OF JULY 5, 1941, BUT INDEPENDENTLY OF THIS DECREE-LAW, ON THE BASIS OF THE ESTABLISHED PRINCIPLES OF PRIVATE LAW AND ON THE ONLY INTERPRETATION THAT CAN RECEIVE THE WILL, THE CODICILL AND THE ACT OF PARTITION ANALYZED ABOVE, THAT THE PROPERTY WHICH WERE EXPROPRIATED WERE THE PRIVATE PROPERTY OF KING MIHAI I AND THEIR EXPROPRIATION WAS MADE IN THE PERSON OF THE FORMER KING CAROL II, THIS CIRCUMSTANCE IS THEREFORE NOT NON DOMINUS, ALTHOUGH IT DOES NOT AFFECT THE VALIDITY OF EXPROPRIATION, BECAUSE AN EXPROPRIATION IS VALID EVEN WHEN IT IS MADE IN THE PERSON OF AN APPARENT OWNER, BUT IT DOES NOT DEPRIVATE THE TRUE OWNER, IN THIS CASE KING MIHAI I, OF THE RIGHT TO COMPENSATION OF EXPROPRIATION, WHICH WAS ALSO RECOGNIZED IN THE CITED DECREE-LAW OF JULY 5, 1941 AND WHICH THE PRESIDENTIAL COLLEGE MUST VERIFY. "

Dimitrie G Lupu ; First President of the High Court of Cassation and Justice.