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

DEZBATERI

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. 22 para. (3) of the Civil Procedure Code allows the judge to order the introduction of other persons in the case, under the conditions of the law. The rule should be read in conjunction with the provisions of Art. 78 para. (2) of the Civil Procedure Code, which, in contentious matters, regulates the judge's obligation to put in adversarial discussion of the parties, when the legal relationship in question requires it, the need to introduce other persons in the case.

Of course, the judge does not have the right to introduce new parties to the case, but only to draw the parties' attention to the need to bring them to trial.

Keywords: forced intervention, summons of other persons, admission in principle, delimitation of property boundaries, claim, adverse possession, possessor, owner, grounds of public policy