Public property. Right of administration. Admissibility of claim for recovery

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The fact that the parties to the proceedings are both relying on two administrative acts, namely two government decisions, which include the same property in the assets of two private-law entities, but neither of those entities has sought to challenge the legality of one or other of the two government decisions, that does not constitute an obstacle to the examination of the merits of the action for a claim, brought under the ordinary law, which is based on the very existence of valid titles which the parties are contesting against each other in relation to the property claimed, which, in the process of comparing the titles in question, requires an analysis of the origin of the opposing titles. However, this requires clarification of the legal status of the property claimed from the point of view of determining and delimiting whether it belongs to the public domain of the State or of the territorial administrative unit, an examination which can only be carried out during the investigation of the merits of the dispute.