6. Problema calităţii procesuale pasive în litigiile privind constatarea dreptului de proprietate în temeiul uzucapiunii – bunurile imobile
6. The issue of standing as a party in disputes concerning the establishment of ownership by virtue of usucaption – immovable properties

Summary/Abstract: In our system of law, usucaption is an original way of acquiring the right of ownership, based on a person's long term possession. Usucaption is also a sanction for the non diligent owner who has shown a passive attitude towards his property, also known as „acquisitive prescription”. The purpose of this paper is to present the most common situations concerning passive procedural position in actions for the establishment of ownership by virtue of usucaption. At the same time, through this paper, we have also tried to highlight some problems of non unitary practice in the field of usucaption, situations that can be identified in the case law in relation to the need of a certificate of succession.

• Details
• Contents