Cheltuielile de judecată solicitate de intervenientul voluntar
Costs of the proceedings demanded by third party intervener
Author(s): Ionuț Adrian ȘipețanSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Costs of the proceedings; third party intervention; procedural guilt; main intervention; ancillary intervention;
Summary/Abstract: Although regulated by several articles of the Code of Civil Procedure, the issue of court costs can be quite complex in certain situations in practice, not being very clear how the law should be interpreted from the perspective of procedural guilt.If, in the case of the classic configuration of civil proceedings, in which the dispute is between a plaintiff and a defendant, the legal provisions should not create difficulties, we intend to analyze the costs requested by the voluntary intervener, namely when the procedural framework is extended at the initiative of a third party to the process.In this context, more attention will be paid to the ancillary intervener, who occupies a special position in the civil process, and in respect of which the majority doctrine and jurisprudence have shown that he cannot claim reimbursement of costs, regardless of the fate of the process. This solution is not, in our opinion, in line with the letter and spirit of the law, which is why we will present our own arguments that support the opposite solution.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2021
- Issue No: 2
- Page Range: 148-161
- Page Count: 14
- Language: Romanian