Here is the translation of the legal analysis:
1. Subject of Dispute: Recognition of Inheritance as Abandoned and Claiming an Apartment from a Bona Fide Acquirer in Favor of the Territorial Community.
2. Main Arguments of the Court:
The Supreme Court referred to the previous legal position of the Grand Chamber, which states that when alienating inherited property by a person who is not an heir, the territorial community has the right only to monetary compensation for the property’s value, not to its return. The court established that the disputed apartment was illegally alienated through forged documents, but the acquirer is bona fide, therefore the local community can only receive compensation for its value.
3. Court Decision: The resolution of the appellate court was canceled, the first instance court’s decision to reject the claim for apartment recovery was upheld, while excluding the reference to the statute of limitations.
