Unele considerații pe marginea noțiunilor de „interes legitim” în contenciosul administrativ și „interesul de a acționa” în procesul civil
Some considerations about the notions of „legitimate interest” in the administrative contentious and „interest to act” in the civil trial
Author(s): Anton TrăilescuSubject(s): Civil Law, Comparative Law, Administrative Law
Published by: Uniunea Juriștilor din România
Keywords: administrative contentious; legitimate interest; administrative act; civil trial; interest to act; admissibility of the civil action;
Summary/Abstract: The premise of this study is that the current legislation uses two legal notions with relatively different names, that is the „legitimate interest” in the administrative contentious procedure, regulated by the Law No 554/2004, and the „interest to act”, used in the Civil Procedure Code, both representing conditions of admissibility of the judicial action (in administrative contentious and, respectively, civil action). The aim pursued by the author was to observe whether these legal notions are synonyms or they differ, in terms of their processual connotation, depending on the nature of the legal action promoted. In this regard, the author has compared the two legal notions, revealing the similarities and differences between them, and, at the end of the study, he has set out the theoretical and practical arguments for the purpose of recognizing their processual autonomy.
Journal: Revista „Dreptul”
- Issue Year: 2022
- Issue No: 05
- Page Range: 36-44
- Page Count: 9
- Language: Romanian
- Content File-PDF