Deed of adjudication. Establishing the extent of ownership by final court decision. Invoking artificial access to immovable property. Conditions

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The authority of res judicata – as a form of enhancing the extinctive, negative effect of the res judicata – is, as it expressly results from the provisions of Article 432 of the Civil Procedure Code, of public order, absolute and peremptory, given that by means of it the aim is to prevent a new judgment and avoid the pronouncement of contradictory solutions.

However, the objective of legal certainty and social order must be achieved by respecting what a court has already decided about the relations between the parties in dispute. It is therefore contrary to public policy to bring the same claims before the courts and to reopen them after they have been settled.

Therefore, applying the positive effect of the authority of res judicata, which gives value to matters previously decided by the court, which are related to what was subsequently submitted to the court, it is noted that the final judgment found that the auction at which the building in dispute was awarded did not concern only the land relating to the building, as the appellant claims, but also the building erected on the land.