Despre apartenența sau non-apartenența unui zid de susținere al unei proprietăți situată pe plajă în domeniul public maritim
On the belonging or non-belonging of a retaining wall of a property located on the beach in the maritime public domain
Author(s): Michel MorinSubject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law, Court case
Published by: Universul Juridic
Keywords: civil law; court case; maritime public domain;
Summary/Abstract: The issue of the maritime public domain ownership of a wall that supports private foundation land located on the beach and a cliff overlooking this beach falls under the jurisdiction of the administrative court. The fact that it is proven, through the punctual observation of a bailiff, that the waves reached the bottom of this wall under the effect of the wind, does not allow establishing that the highest line of the sea reaches this wall in the absence of disturbances caused by exceptional meteorological phenomena. It is up to the court seized to rule based on the evidence provided by the parties.
Journal: Revista Română de Drept Maritim
- Issue Year: 2023
- Issue No: 01
- Page Range: 140-144
- Page Count: 5
- Language: Romanian
- Content File-PDF