CLAIMING ACTION - POSSIBLE MEANS OF PARALYSIS Cover Image

ACŢIUNEA ÎN REVENDICARE – POSIBILE MIJLOACE DE PARALIZARE
CLAIMING ACTION - POSSIBLE MEANS OF PARALYSIS

Author(s): Diana Ramona Ciocârlan (Hurmuz)
Subject(s): Civil Law
Published by: Universitatea Crestina "Dimitrie Cantemir"
Keywords: The claim action; the principle of material publicity; usucapio; error communis facit ius; good faith;

Summary/Abstract: The claim action constitutes the primary weapon governed by the romanian legislation in order to defend the property, and its juridical usefulness is undeniable. The changes made to this action by the new civil code are in agreement with how this civil law institution evolved through time.However, very often, in a dispute of such invoice, the interests of all parties may be valid, the righteousness being somewhere in the middle, and at that time, the claim action remains a weapon to defend the property from the complainant`s point of view and becomes a "violation" of property from the defendant`s point of view.In such a case, the judge's task is not easy at all, because he`s being called to tip the balance in one part or the other.Therefore, it is really important for the case`s fate how the defendant`s argument is made up. Even if we use the principles of law or any other complex legal constructions in order to solve our case, we must not forget that it`s really important to ensure the safety and stability of the legal civil circuit.

  • Issue Year: VII/2016
  • Issue No: 27
  • Page Range: 94-101
  • Page Count: 8
  • Language: Romanian