Action for the recovery of possession of a forest land in the state public ownership. Capacity to sue of the holder of the right to management of forestland. Participation in the trial of the holder of the public ownership right

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

The provisions of Article 11 para. 10 of the Law no. 46/2008 shall allow the participation in the trial of the holder of the management right, since no distinction has been made in terms of the capacity to sue or to be sued; these provisions shall allow as well, the filing of an action for recovery of possession, promoted for defending and ensuring the integrity of the forest fund in the state public ownership, for the purpose of carrying out the object of activity of the holder of the management right. A possible risk derived from the effects of a solution of dismissal of the action for recovery of possession filed by the holder of the management right, against the holder of the public ownership right, shall be removed when the latter is drawn into the trial. In this case, it is noticed that the claimant made efficient the provisions of Article 11 para. 10 of Law no. 46/2008; moreover, S. R. , by M. P. F. , represented by A. J. F. P. C. , requested, by the main voluntary motion to intervene, the recovery of the land described in the writ of summons.