1. Calitatea procesuală activă conferită de dispoziţiile art. 870 alin. (2) C. civ. titularului dreptului de administrare în materia protecţiei dreptului de proprietate publică şi a dezmembrămintelor sale
1. The standing to sue conferred by the provisions of Art. 870 para. (2) of the Civil Code to the holder of the right of administration in matters relating to the protection of public property and its dismemberments

Summary/Abstract: In the requests in which the right of administration arising from the right of public property of the state is invoked, the finding of which is requested with priority, the claimant does not have active procedural legitimacy, as he is neither the holder of the right of public property, nor authorized by the holder to act in court, the right of administration not having, in these circumstances, an independent existence and not being able to be subjected to the analysis of the court separately from the claim aimed at establishing the right of public property, as long as it is necessarily grafted onto it. In the matter of the right of administration art. 870 paragraph 2 C. civ. recognizes the holder of this right active legitimation exclusively for the promotion of the confessional action of the right of administration, with the appropriate application of the provisions of art. 696 paragraph 1 C. civ.

• Details
• Contents