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Universul Juridic magazin

Particulars of enforcement of court judgments concerning definition of property boundaries

This article aims to tackle the legal regime specific to the actions intended to have the property boundaries defined, in terms of enforcement of the court judgments concerning definition of property boundaries, from the perspective of the new Code of Civil Proceedings. Having defined the concept and the legal characteristics of an action for definition of property boundaries, this is separated from other similar actions, such as: real estate claims, motions to change venue and actions concerning the duty to do. Then, the key means outlined in the court practice of enforcement of the court judgments concerning definition of property boundaries are analyzed: in the form of forced surrender of real properties, in the form of enforcement of the duties not to do and the solutions according to which court judgments concerning definition of property boundaries cannot be a ground for enforcement as they do not contain provisions that support enforcement. In the end, we drew the conclusions, meaning that the action for definition of property boundaries has the legal nature of a declaratory action which aims to reconstruct in court the actual boundary line between the two adjacent land stocks, and thus remove a state of uncertainty, in which respect it is not liable of enforcement.