Acţiune în grăniţuire. Cerere neevaluabilă în bani. Accesorialitatea petitului privind revendicarea imobiliară. Competenţă materială

Action for delimitation of property boundaries. Non-monetary claim. Accesoriality of the count regarding the real estate claim for recovery of possession. Jurisdiction ratione materiae

Abstract

The main count of the introductory claim whereby the plaintiff requested the establishment of the boundary between the lands owned by the same and those owned by the defendant, as well as the latter’s obligation to allow him full ownership and peaceful possession of the land plot abusively held is the action for delimitation of property boundaries, and the one claiming the recovery of possession is an ancillary count. Thus, the action for delimitation of property boundaries is not subsidiary to the real estate claim, but, on the contrary, establishing the boundary between the properties of the parties may result in the granting or dismissal of the claim for recovery...