Procedural issues concerning the possessory requests
Procedural issues concerning the possessory requests

Summary/Abstract: The regulated possessory actions are the general possessory action (complaint for an action for possession) and the special possessory action (complaint to recover possession). The exertion of the possessory actions requires the accomplishment of special conditions of processual and substantial law, that must be concurrently fulfilled. The active and the passive capacity to sue are the ones raising some problems, regarding certain categories of rights (the situation of the person having the beneficial interest, of the precarious holder, of the joint tenancy of common ownership, of common property of spouses or when the possessory action is exerted against third parties). Being regulated as special procedures, the possessory actions are judged with emergency and priority, the statement of defence is mandatory and the ruling is subject only to appeal. A feature of the judgments issued on the possessory requests is given by the res judicata characterizing them only in relation to another possessory action (unless there are new elements) and not in relation to another judgment pronounced on the merits in an petitory action (the latter having, however, res judicata on a subsequent possessory action).

• Details
• Contents