Acţiunea civilă - mijloc de restabilire a dreptului subiectiv încălcat
Civil action - means of restoring the violated subjective rights

Summary/Abstract: In a democratic society which also has a stabile economy, the judiciary relations of substantial right are usually achieved without the intervention of any organ of the State. In social life the situations of disregard or violation of human rights may appear. In order to restore these situations, along with the non-contentious proceedings, which have gained momentum lately, the intervention of the courts is necessary. Because the attempt to solve disputes of civil nature through non-jurisdictional procedures did not lead to the outcome expected by the parties, the legal conflict is going to find its solution by means of civil trial that will be unleashed by the concerned person. There are situations in which action is required, although there is no breach or a subjective civil right is not contested, such as the case of the action owners, the division of property during marriage, of common property or divorce action. The right to access justice is an aspect of the fundamental right recognized and guaranteed of the individual. When this right is exercised in the civil courts, he takes the form of civil action. Civil action is the manifestation, in a concrete plan, of the procedural prerogative recognized by law to all physical and juridical persons who enjoy the use capacity. The legal nature of civil action should be considered in close connection with the right to action, in the material sense. These two notions, found in an indissoluble connection, formed the object of analysis and doctrinal disputes in the last decades. If the right of action is a complex right, that includes a series of abstract possibilities regulated by procedural rules, it can be transposed into concrete in the action space of the civil trial, through civil action. Without representing the only warranty of the subjective rights, the civil action constitutes, without doubt, its main means of protection and guarantee and, consequently, that of the judicial order.

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