4. Curiozităţi procedurale prevăzute în Codul civil. Cazul particular al acţiunii în excludere din proprietatea periodică
4. Procedural Peculiarities under the Civil Code. The Specific Case of the Action for Exclusion from Time-Shared Ownership

Summary/Abstract: Time shared ownership represents a concept that, nearly fifteen years after its regulation in the Civil Code, continues to generate controversy. The most disputed aspect of this form of ownership is, without doubt, the possibility that one of the co owners may be excluded, as a sanction, by means of a court judgment. Exclusion may be ordered only where two conditions are cumulatively satisfied: the existence of a serious disturbance in the exercise of the time shared ownership caused by one of the co owners; and the existence of a person willing to purchase the time interval held by the disruptive owner, at a price negotiated with the owner who is to be excluded or, failing such agreement, determined through a court appointed expert valuation. However, the legislators of the Civil Code did not confine themselves to regulating only matters of substantive law but also established procedural rules on the basis of which an action for exclusion must be resolved. This procedure is at least as challenging as the sanction that forms its subject matter, being structured in two stages: a first stage aimed at verifying the admissibility in principle of the claim, during which the court must ascertain the existence of the serious disturbance and the presence of a firm purchase offer; and a second stage concerned with determining the price of the forced sale and, potentially, the identity of the purchaser. Although controversial, the exclusion of a disruptive owner from time shared ownership represents a useful sanction whose rationale lies within the broader framework governing time shared ownership.

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