BS-766/2012-HOL
ECLI:DK:HOL:2022:BS0000002425
AI generated
Court dismisses claim for cost-free property return, ruling statutory conditions for restitution not met.
Legislator summary
AI generatedThe court dismissed the plaintiff's request for the defendant to return property without cost. The plaintiff argued for restitution based on specific ownership claims, while the defendant contested the validity of the transfer. The court ruled that the statutory prerequisites for mandatory restitution were not satisfied in this instance.
Legislator headnote
AI generatedSection 1157 of the Danish Civil Code; Section 120 of the Property Act: Restitution of property is not mandatory when the transferor retains ownership rights or the transfer lacks the requisite legal basis.
Keywords
AI generated
property restitution
ownership rights
cost-free return
civil law
transfer validity
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Full text
Sag om de sagsøgte tilpligtes til sagsøger at tilbageskøde omhandlende ejendom uden omkostninger for sagsøger