Claim for recovery. Unlawful possession of immovable property. Absence of material documents of possession

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Holding immovable property without right does not necessarily imply material acts of possession exercised over the property, but may also involve legal acts by which the possessor, invoking a right of its own, prevents the exercise of the attributes of the right of ownership by the true holder of the right. On the other hand, it is not necessary that the material "possession" of the property be continuous, it being sufficient that, by carrying out sporadic actions, the possessor manifests himself as the owner, preventing the true owner from exercising its right.