The private legal limits of the exercise of the property right. Rights and obligations of owners of dominant and subordinated funds: concept, delimitation, interference and legal means of protection

Abstract

The legal limits of exercising the ownership right should comply with the express requirements provided in the Civil Code, and also with the requirements imposed by the normative acts of higher rank, such as: The Constitution of Romania, the European Convention on Human Rights or the Charter of Fundamental Rights of the European Union. The existence of the legal limits on the exercise of the ownership right confers additional powers upon the owner of the dominant fund, which, in case of a challenge, may be defended both by general protection means, such as the remedy of the forced execution in kind, the possessory action, the presiding judge’s order, and also by specific legal means in relation to the particularity of each limit.
Keywords: legal limits of the ownership right; legal protection means; proportionality.