XI. DEZBATERI 1. Acţiunea în strămutare de hotare. Regim juridic şi delimitare faţă de acţiunea în grăniţuire
XI. DEBATES 1. Action to move property border. Legal regime and delimitation from the action for damages

Summary/Abstract: Boundary actions have raised boundary issues for centuries. And we are considering not only the difficulties of determining the boundary line of neighbouring lands, but also those of delimiting them and the actions themselves. What is the legal nature of the action for displacement and what are the relevant substantive conditions for its resolution? What are the elements that differentiate it from an action for damages and an action for a claim? What are the consequences of the delimitation of these actions from the perspective of the procedural law rule contained in Article 449(2)? (2), point 1 of the Civil Procedure Code, which provides that provisional enforcement may not be granted in matters of removal? These are some of the questions to which we have tried to find answers in the course of this study, the elaboration of which first of all involved going back in time in order to examine the sources of inspiration of the relevant rules, and then gradually returning to the present, while carefully observing the evolution of rules and jurisprudential and doctrinal interpretations.

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