Calitatea procesuală a persoanei juridice în procesul civil
The locus standi of the legal person in the civil process
Author(s): Alin Speriusi-Vlad, Claudia RoșuSubject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: requirements for seeking protection in the lawsuit; civil action; locus standi; transmission; the exception of the lack of standing;
Summary/Abstract: The article analyzes the locus standi of the legal person. The locus standi is one of the conditions for exercising the civil action and signifies the identity between the person of the plaintiff and the person who is the holder of the subjective right brought to trial, respectively the identity between the person of the defendant and the person who owns the obligation under suit. The locus standi can be transferred during the civil trial, through legal or conventional transmission. In the case of legal person, the legal transmission operates if the legal person, participating in a lawsuit, is subject to reorganization. The practical examples highlight the way in which the procedural exception of the lack of standing of the legal person was brought before the court.
Journal: Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice
- Issue Year: LXVIII/2022
- Issue No: 3
- Page Range: 25-41
- Page Count: 17
- Language: Romanian