THE ISSUE OF PROCEDURAL PASSIVE QUALITY IN THE PROCESSES WHICH CONCERN USUCAPTION
In the Romanian legal system, usucaption is an original way of acquiring property rights. In court actions for the establishment of the existence of the right of ownership by virtue of usucaption, the question of the passive procedural quality has frequently been raised. The general rule is that t...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2024-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/download/cks_2024_articles%252F2_CKS_2024_PRIVATE_LAW%252FCKS_2024_PRIVATE_LAW_012.pdf |
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| author | Diana Andreea TOMA |
| author_facet | Diana Andreea TOMA |
| author_sort | Diana Andreea TOMA |
| collection | DOAJ |
| description | In the Romanian legal system, usucaption is an original way of acquiring property rights. In court actions for the establishment of the existence of the right of ownership by virtue of usucaption, the question of the passive procedural quality has frequently been raised. The general rule is that the defendant is represented by the titleholder of the property to be usucaptioned. However, in practice there are different situations which need to be adapted to each individual situation. This paper aims to present the most common situations regarding the passive legal standing in actions for the establishment of ownership by virtue of usucaption. |
| format | Article |
| id | doaj-art-2d2874ed9f4a4f44b499fe6e044879a8 |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2024-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-2d2874ed9f4a4f44b499fe6e044879a82025-01-03T01:44:23ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962024-05-01171239243THE ISSUE OF PROCEDURAL PASSIVE QUALITY IN THE PROCESSES WHICH CONCERN USUCAPTIONDiana Andreea TOMA0PhD Candidate, Faculty of Law, „Nicolae Titulescu” University of Bucharest; Judge, District 3 Court, BucharestIn the Romanian legal system, usucaption is an original way of acquiring property rights. In court actions for the establishment of the existence of the right of ownership by virtue of usucaption, the question of the passive procedural quality has frequently been raised. The general rule is that the defendant is represented by the titleholder of the property to be usucaptioned. However, in practice there are different situations which need to be adapted to each individual situation. This paper aims to present the most common situations regarding the passive legal standing in actions for the establishment of ownership by virtue of usucaption.http://cks.univnt.ro/download/cks_2024_articles%252F2_CKS_2024_PRIVATE_LAW%252FCKS_2024_PRIVATE_LAW_012.pdfusucaptionprocedural passive qualityproperty rightspossessioncourt practice |
| spellingShingle | Diana Andreea TOMA THE ISSUE OF PROCEDURAL PASSIVE QUALITY IN THE PROCESSES WHICH CONCERN USUCAPTION Challenges of the Knowledge Society usucaption procedural passive quality property rights possession court practice |
| title | THE ISSUE OF PROCEDURAL PASSIVE QUALITY IN THE PROCESSES WHICH CONCERN USUCAPTION |
| title_full | THE ISSUE OF PROCEDURAL PASSIVE QUALITY IN THE PROCESSES WHICH CONCERN USUCAPTION |
| title_fullStr | THE ISSUE OF PROCEDURAL PASSIVE QUALITY IN THE PROCESSES WHICH CONCERN USUCAPTION |
| title_full_unstemmed | THE ISSUE OF PROCEDURAL PASSIVE QUALITY IN THE PROCESSES WHICH CONCERN USUCAPTION |
| title_short | THE ISSUE OF PROCEDURAL PASSIVE QUALITY IN THE PROCESSES WHICH CONCERN USUCAPTION |
| title_sort | issue of procedural passive quality in the processes which concern usucaption |
| topic | usucaption procedural passive quality property rights possession court practice |
| url | http://cks.univnt.ro/download/cks_2024_articles%252F2_CKS_2024_PRIVATE_LAW%252FCKS_2024_PRIVATE_LAW_012.pdf |
| work_keys_str_mv | AT dianaandreeatoma theissueofproceduralpassivequalityintheprocesseswhichconcernusucaption AT dianaandreeatoma issueofproceduralpassivequalityintheprocesseswhichconcernusucaption |