ELEMENTE CONTROVERSATE ALE ACŢIUNII ÎN REVENDICARE
CONTROVERSIAL ELEMENTS OF CLAIMING ACTION

Summary/Abstract: The claim action represents the main juridical weapon that the owner has in the fight with the one who possesses his property. The New Civil Code devotes a specific provision of this institution together with part of jurisprudential creations that are related with it.What we are interested specifically in this paper are the effects of the claim`s acceptance, which basically remain the same as those created by the jurisprudential cases.In practice, the claim action`s regulation represents a breakthrough and it`s in the spirit of the European`s Court of Human Rights jurisprudence, which allows the establishment of alternative obligation to the restitution of property consisting in the payment of the consideration; the solution avoids second trial in which it is found that there is no good (property) to take back. Still needs to prevail, however, the return of the good, but the alternative provision leads to a judicial pronouncement that stops a second trial.The claim action`s regulation has an undeniable importance, representing a first step towards the jurisprudence`s unification in this area, although, from this point on, there are still many steps to do.

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