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On the illegitimate adverse possession by the Public Administration: Civil Cassation, Sec. I, order 20th November 2019 no. 30195
- 02/12/2019
By order 20th November 2019 no. 30195 the Civil Court of Cassation ruled that the illegitimate occupation of a fund by the Public Administration and the consequent transformation of a private good, outside of a legitimate expropriation procedure or a healing procedure, as it is illegitimate, it does not complete the requirement of possession, useful for the purposes of adverse possession. Otherwise, there is the reintroduction of indirect or larvae expropriation in the internal order, resulting in a violation of art. 1 Additional Protocol of the EHCR.
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