Possessory action for reinstatement. Distinction from the possessory action to recover possession. Correct description of the nature of the dispute

JURISPRUDENŢĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

Based on the provisions of Article 949 of the Civil Code, possessory actions (claims) are classified into two categories, depending on whether the disturbance of possession or dispossession was carried out without or with violence, namely: general possessory action (action to recover possession) and special possessory action (action for reinstatement).

The common premise of the two actions, which results from the provisions of Article 949 of the Civil Code, is the existence of a disturbance of the possession exercised by the plaintiff or a dispossession thereof.

In order to bring a special possessory action, only one specific condition must be met, namely that one year has not passed since the disturbance or dispossession.