Claim for recovery. Comparison of titles. Analysis of the legality of the title deed issued under Law no. 18/1991

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

By comparing the titles, the court is obliged to verify which is preferable and therefore the legality of their issuance. In those circumstances, the defendant is entitled to rely, by way of defence, by way of a statement of defence, on any irregularities in the plaintiff's title, and there is no obligation to submit a counterclaim. The legality of the title deed is established incidentally, being a prejudicial question of interest for the resolution of the claim.