Poziţia procesuală a chematului în garanţie
The Procedural Standing of the Third Party Joined to the Suit

Summary/Abstract: The joinder of a third party to the suit as guarantor certainly offers the possibility of simultaneously resolving disputes which, in its absence, would be resolved successively; it also contributes to the improvement of the defence and the evidence administered in the proceedings. However, these benefits do not compensate for the often disadvantageous and uncertain situation of the third party joined to the suit, caused by its procedural standing in the dispute between the main parties. This paper analyses the standing of the third party joined to the suit during the procedural cycle, highlighting the doctrinal and the case law opinions regarding various aspects to which the Code of Civil Procedure either does not offer a solution or the solutions offered do not result clearly for all the participants in the proceedings.

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