Arhitectura procesului civil din perspectiva doctrinei civile și procesual civile a Codului Civil și a Codului de procedură civilă
The Architecture of the Civil Trial from the Perspective of Civil Doctrine, Civil Procedure, Civil Code and the Code of Civil Procedure

Author(s): Pavel Filip
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: : Architecture of civil trial; Civil Code; Code of Civil proceedings; constitutive elements of civil trial
Summary/Abstract: The Civil Code and Code of Civil proceedings, in force, have configured a new architecture of civil trial by valuing some of the opinions expressed in the legal papers, related to the definition of notion of civil action, by three significations, procedural, material and as a range of proceeding means, by express ruling of litigious legal report and thus by a logic connection between two elements of civil trial.Therefore, the material signification of civil field was ruled in the form of a material right to action with own scope, by art. 2500 of Civil Code, whereas the procedural signification was ruled in the form of a procedural right to action with own scope, by art.30 of Code of civil proceedings, and consists in the notification of competent court by filing a summons.The overall signification of procedural means of civil action was ruled by art. 29 of code of civil proceedings.The ruling of material right to action in the civil code has entailed the analysis of it comparatively to what is called subjective civil right in the specialised legal literature, when noticed differences between actual civil subjective right and material right to action as well as the similarities to the right of notification of court.The code of civil proceedings rules expressly, by art.36, the basic element from the architecture of civil trial, respectively the litigious legal report, the occurrence of which give the holder of subjective civil right the possibility to exercise, concomitantly, the material right to action and the procedural right to notify the competent courts.By the new ruling of architecture of civil trial, connecting logically the constitutive elements of civil trial, we believe that it is no longer justified to express a different opinion in the legal literature about what is defined by the notions of civil action, material right to action and right to notification.

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