February 9, 2017     Florin Dumitrescu

How does the new Romanian Civil Code regulate the civil action regarding the property limit?

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The action in establishing the limit of the limit property is a real, petitioning action, by which the plaintiff claims that, in contradiction with the defendant, the court must determine, by external signs, the extent of their neighboring funds.

The quality of the plaintiff is held by the owner or usufructuary who claims the delimitation of his fund from the neighboring one, belonging to other holders; if this action also involves the claim of a portion of the land, the active procedural quality has only the owner.

The action in establishing the property limit is inadmissible between the co-owners according to Romanian law, and if the land is a common good, it must be formulated by both spouses.

The passive procedural quality, the defendant, has the owner of the fund adjacent to that of the plaintiff, against whom the delimitation is sought.

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Eu sunt Florin Dumitrescu si cred ca am o mare doza de naivitate si idealism. Idealism si naivitate. Desi pare o prezentare tinuta la Asociatia Idealistilor Anonimi, de fapt nu e decat o justificare, poate neverosimila a crearii acestei reviste. Da. Am creat aceasta revista in speranta naiva de a indrepta lucrurile (care trebuie sa recunoastem, nu merg foarte bine) in afacerile imobiliare.

Cere sfatul nostru