The Protection of Possession (by the Municipal Clerk) and Its Complex Legal Nature

Abstract

The purpose of our study – parallel with the presentation of the complexity of the protection of personal property by the municipal clerk – is to examine whether this legal institution does indeed fall outside the scope of administrative actions. The question requires the consideration of many aspects, and despite appearances, it has not only theoretical but practical importance as well.

Our starting point is the Constitutional Court decision No. 120/B/2001. We try to refute its content relevant to our subject by searching and examining the relevant legal legislation and literature and by proposing independent ideas. Contrary to the general notion and similarly to some other authors: we consider the protection of personal property by the municipal clerk an administrative procedure.