18. Acţiunea în revendicare imobiliară – particularităţi în materia fondului funciar
18. Land claim action – specific features in land matters

Summary/Abstract: The principle of availability, classified as a fundamental principle governing civil proceedings, according to which the parties determine the subject matter and limits of the proceedings, must be understood in the context of ensuring a balance with the active role of the judge in ascertaining the truth. The official report of possession issued under the land legislation does not constitute an administrative act that can be considered a title deed within the meaning of Article 557(2) of the Civil Code, under a legal rule of a financial fiscal nature, in order to be enforceable erga omnes and confer the prerogative of pursuit in an action for recovery. An action for recovery is not a procedural means of securing the acquisition of possession of land in respect of which both parties are relying on specific preliminary acts specific to the administrative land procedure.

• Details
• Contents