Recunoaşterea pe cale judiciară a unui drept de trecere ca limită legală a dreptului de proprietate privată

Judicial recognition of a right of way as the legal limit of a private property right

Abstract

By its statement of claim, the plaintiff sought the confirmation of a right of way over the defendant's privately owned property, for the purposes of the defendant's use of an access way. Thus, by the clarifications made in the statement of claim, the plaintiff requested the confirmation of a right of way for the operation of the property, the claim being based on the provisions of Articles 617-620 of the Civil Code.

According to the provisions of Article 617 of the Civil Code, as long as a property has access to a public road, which is not totally unsuitable for its use, the owner of the property cannot benefit from the judicial recognition of a right of way under the law, but is obliged either to make the necessary investments to improve the access road owned, or to obtain an easement of...