Necorelarea motivelor cu petitele cererii de chemare în judecată
Non-correlation of the heads of the statement of claim

Summary/Abstract: The present analysis was carried out in order to clarify the situation in which the heads of claim do not have a clear and justified correspondent with the arguments presented in the statement of claim, as well as possible procedural solutions which can resolve such an issue. From the sources analyzed so far, it appears that there is no straight forward solution for this situation neither in the legal provisions, case law or speciality lectures. The premise of our study consists in the situation in which a claimant submits a request containing only one head of claim, although the content of the statement of claim includes also arguments and grounds which are not related to the one and only head of claim which was mentioned in the application, because they refer to different legal topics which are not properly expressed at the beginning of the statement of claim, as head of claim. The present analysis concerns the issues arising from the above mentioned situation both for the claimant and defendant, but also which are the remedies at their hand if such situations will occur. In addition to this, the study presents also the remedies available from the courts’ perspective if such a situation appears in different phases of the trial, but also the consequences of this situation if the issue is not addressed properly by the parties or by the court before the issuance of the court ruling. In our opinion, such situation is at least worth of a in-depth analysis. The arguments and grounds presented in the present analysis plead for a rigorous conduct of the claimant if he chooses to vest the court with a specific dispute. Thus, it’s mandatory, in order to assure the lawfulness of the court solution which will settle the dispute and the observance of the principles which are governing the civil trial, the clear and the complete drafting of the heads of claims in correspondence with the factual and legal reasoning of the claim. We consider that such rigorous conduct of the claimant can not be seen as an excessive formalism.

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