Acţiune în revendicare şi grăniţuire. Necitarea proprietarului actual. Rolul activ al judecătorului

Jud. dr. Gabriela-Cristina Frenţiu,

Tribunalul Bistriţa-Năsăud

Action for recovery and delimitation of property boundaries. Non-summoning of the current owner. active role of the judge

Abstract

Where in an action for delimitation of property boundaries and claim the plaintiff sues a defendant, who in the course of the proceedings proves that he is no longer the owner of the property, because he disposed of it prior to the filing of the claim against him, and the defendant remains passive by not filing a claim based on the provisions of Article 75 of the Civil Procedure Code, it is essential that the active role of the judge in the case be manifested when the plaintiff does not or cannot amend the action, in accordance with Article 204 of the Civil Procedure Code.

Art. 22para. (3) of the Civil Procedure Code allows the judge to order the introduction of other persons in the case, under the...