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Article 358. Effects of a juridical act of disposition made by a non-entitled person

(1) Nobody may transfer or establish more rights than it has itself.
(2) If, neither when the juridical act of disposition was concluded nor when the right disposed of by such act ought to have been transferred or established, the transferor is the holder of that right and has the power to dispose of it, the juridical act is valid but fails to produce the legal effect of transfer or, as the case may be, of establishment of that right to the benefit of the acquirer except as provided in paragraphs (3) and (4).
(3) The transferor must cure the ineffectiveness and ensure the legal effect of transfer or, as the case may be, of establishment of that right by its holder to the benefit of the acquirer (dare obligation).  The dare obligation of the transferor is deemed performed by way of its acquisition by it of the right, by way of ratification of the juridical act by the holder, and by any other way, which, directly or indirectly, transfers or, as the case may be, establishes the right for the benefit of the acquirer.
(4) Save as otherwise provided under law or the intent of the parties, the disposed of right is transferred or established ex legem for the benefit of the acquirer as of when the transferor acquires that right or, as the case may be, when the juridical act of disposition is ratified by the holder.
(5) The provisions of this Article also apply mutatis mutandis when a co-owner enters into a juridical act of disposition in respect of joint property without the consent of the other co-owners, as well as in other cases where the transferor is not the sole holder of the right disposed of by the act.

Articolul 2164. Grounds for inheritance

Article 1. Scope