The Bordering Action
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Summary/Abstract: The settlement of the Civil Code referring to bordering, though over one hundred years old, is as actual today as it was in the past, not only because it represents an efficient way of protecting the right of property, but because it still rises enough problems jurisprudence. This was the reason why, in this article, we have tried to systemize some of the issues referring to bordering, and also to give an answer to some practical aspects concerning some disputed matters, such as the conditions of bordering, the bearers of the bordering action, the consequences of a passed ruling concerning the bordering action and so on. In order to succeed in our approach, we have defined bordering, revealing its character as a juridical action as well as a material one. We have pointed out the types of bordering, emphasizing the distinction between them, particularly between the conventional bordering and the judicial bordering. We have systemized the substantial conditions of bordering and less but not least we revealed our point of view over the judicial nature of the bordering action. Even though we have approached procedural issues, we proposed a presentation centered much more on material law aspects of the bordering action. In the end we presented a few aspects referring to the costs of bordering and their juridical meanings and also to the legal costs in the bordering action, knowing the fact that in the judicial practice it has never been given a unitary interpretation to the legal provision concerning the fact that “the costs of bordering will be supported in equal share”.

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