17. Calitatea procesuală pasivă a unităţii administrativ-teritoriale în acţiunea în constatarea dobândirii dreptului de proprietate prin uzucapiunea de lungă durată, în ipoteza imposibilităţii identificării unui alt proprietar
17. The standing to be sued of the administrative-territorial unit in an action for a declaration of acquisition of the right of ownership by long-term usucapio, where it is impossible to identify another owner

Summary/Abstract: It follows from an interpretation of the provisions of Article 1847 et seq. and Article 1890 of the Civil Code that the prescription of acquisition must be invoked only against the former owner of the property in dispute, in view of the legal effect of usucaption as a civil penalty against the non diligent owner who allowed the property to leave his estate. Insofar as, however, it is not possible to identify the former owner of the land which is the subject of the application, or other persons who would be interested in contesting the usucaption, passive procedural quality is presumed, by the provisions of the law, to belong to the administrative territorial unit, in whose territorial area the property is located, as holders of the property. Therefore, the standing to be sued of the territorial administrative unit does not derive arbitrarily from the failure to identify another defendant, but is based on the provisions relating to the potentially ownerless nature of the land in dispute.

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