Calitatea procesuală pasivă în litigiile privind uzucapiunea de lungă durată. Soluții nuanțate din practica judiciară
Passive procedural quality in long-term usucapion litigations. Nuanced solutions from judicial practice

Summary/Abstract: Usucapion is the original way of acquiring property or another real right, by possessing it for a certain period, and under certain conditions required by law. Through usucapion, a state of fact is transformed into a state of law. It also functions as a sanction against the one who is possessed, but it can also be just a way of acquiring an asset through the effect of possession, if it meets certain qualities.Given that in most cases possession concerns land, this article refers to the situation of land that has been possessed for a long time, since the time when the previous Civil Code was in force, so that, although the current Civil Code regulates usucapion in a distinct manner, there are few situations in practice when it has become relevant. Also, in practice, in many situations, due to the lack of land measurement before 1990, but also for other reasons, many people owned the land around their house, whether it was land within or outside the city, without having the necessary title to the entire area. This determined that, in these situations that arose as legal relationships based on the previous Civil Code, the only possibility was to file lawsuits in court to acquire and thus recognize the right of ownership over the entire area possessed. However, the major difficulty in many cases was not to demonstrate the qualities of possession, but against whom we are judging, who has passive procedural capacity in such disputes.The jurisprudence has demonstrated a great diversity of cases and situations, summarized by the High Court of Cassation and Justice in an appeal for interpretation, which was however rejected as inadmissible. The general conclusion would be that the solutions are nuanced and must be circumscribed to the specific case.This is what we want to share with those interested through this article.

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