2. Acţiune posesorie. Calitate procesuală pasivă. Analiza titlurilor de proprietate ale părţilor
2. Possessory action. Capacity to be sued. Analysis of the property titles of the parties

Summary/Abstract: 1. The possessory action is directed against the author of the disturbance, whether he is the owner or not (with the exception of the person to whom the restitution obligation exists), who, as a rule, is the actual author of the alleged disturbance. The passive procedural legitimacy also belongs to the one on whose behalf the accused acted, since the law does not distinguish whether the author of the act worked in his name or on behalf of another, so that both the material perpetrators and those on whose behalf they acted can be prosecuted. 2. In a possessory action, the court cannot analyze the property titles of the parties, but at most it can consult them to the extent necessary for the resolution of the case in order to be able to assess from a possessory point of view, without thereby the possessory action being turn it into a petition.

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