Afirmarea unui drept – condiţie de exerciţiu a acţiunii civile
Statement of a right condition for civil action

Summary/Abstract: The identification of the conditions for exercising civil action derives in specialized literature, from ascertainments having the value of principle, asserting free access to justice, materialized in the liberty to exercise action without constraints imposed by the necessity of such prior warranties or authorization. The statement of the subjective right is a more appropriate wording to the requirements and exigencies of a judicial order, therefore being analyzed by a great part of theoreticians in civil procedure. The “existence” or “statement” of a right are two distinct notions deriving from different reasoning. The existence of law is a legal aspect that is to be established by final court decision. The statement of the right on a declarative level without further proof, could even infirm the existence of that right, determining the court to pronounce an unfavorable resolution for the plaintiff. The conditions which should be fulfilled by the stated right refer to two aspects: legality and the actuality of the law. Legality brings into discussion good faith and its absence in the development and exercising of rights while actuality deals with discussions on the modalities of the legal act, their effects and the exceptions provided in the Code of Civil Procedure.

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