Excepţia lipsei calităţii procesuale. Procedura de invocare
Exception regarding the lack of the condition of procedural standing. Raising procedure
Author(s): Andreea Marcela Praja (Herdean)Subject(s): Court case
Published by: Universul Juridic
Keywords: procedural standing; conditions for exercising civil action; the exception of the lack of procedural standing; raising the exception; raising procedure;
Summary/Abstract: The procedure for raising the exception of lack of procedural standing must be analyzed in a project that will start from the analysis of the provisions of procedural law incidents and their in depth research. In addition to the analysis of incidental norms, we will proceed both to an investigation of the relevant doctrine and to an investigation of the jurisprudence of the courts, aiming to treat the theoretical problems in close correlation with the solutions in the practice of the courts.This paper will be structured in six parts. The first part is intended to describe the general rules regarding the exception of lack of procedural standing, a legal institution of great importance, from the perspective of the general rules of raising the exception.The following five parts will comprise a study of the procedure for raising the exception of lack of procedural standing at different procedural stages: first instance, appeal, appeal, appeal in annulment and review, and finally in the enforcement procedure.The procedure for raising the exception of the lack of procedural standing will be analyzed within each procedural stage by presenting some case law examples.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2023
- Issue No: 2
- Page Range: 152-166
- Page Count: 14
- Language: Romanian