THE DISCRETIONARY RIGHT OF THE CLAIMANT TO BE PART IN THE CIVIL LAWSUIT Cover Image

THE DISCRETIONARY RIGHT OF THE CLAIMANT TO BE PART IN THE CIVIL LAWSUIT
THE DISCRETIONARY RIGHT OF THE CLAIMANT TO BE PART IN THE CIVIL LAWSUIT

Author(s): Eleonora Badan-Melnić
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii Petru Maior
Keywords: civil lawsuit; claimant; plaintiff; Civil Procedure Code of the Republic of Moldova

Summary/Abstract: The study is intended for the research of the issue of the claimant in the lawsuit and its possibilities to abandon civil action, not to support the action, to conclude the reconciliation or, in other ways to express attitudes through legal instruments available in legislature. In particular, I will refer to the claimant's situation for procedural binding co-participation, the limits of civil action against the acts of disposition of the court, the debtor’s locus standi in the case of indirect claim, to other situations that we consider to be unsuitable for applicant status, especially in terms of interest or lack of interest in supporting civil action. We propose consolidation of the concept of freedom involvement of the claimant in the civil lawsuit and legal assignment of this quality only to the person who makes or, at least, support material claims which are subject of the civil action.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 155-158
  • Page Count: 4
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