Co-ownership recovery ruling binds co-owners despite general res judicata rule

The High Court of Cassation and Justice admitted the preliminary ruling request and held that, in a real action for recovery of immovable property held in common ownership (co-ownership), Article 643(2), second sentence, of the Civil Code establishes an exception to the binding effect (opposability) of court judgments otherwise governed by Article 435(2) of the Civil Procedure Code. The ruling, which is binding under Article 521(3) of the Civil Procedure Code, resolves a divergent interpretation of whether a judgment in a recovery action by one co-owner binds the other co-owners, and clarifies that the specific co-ownership rule displaces the general procedural rule on the res judicata effect of judgments. The decision was issued in response to a referral from the Suceava Court of Appeal in a pending civil case, and the interpretation set by the High Court is mandatory for future application.