The legal nature of procedural exceptions, in general, and the exception of lack of procedural quality in civil proceedings, in specific Cover Image

Natura juridică a excepţiilor procesuale, în general, şi a excepţiei lipsei calităţii procesuale în procesul civil, în special
The legal nature of procedural exceptions, in general, and the exception of lack of procedural quality in civil proceedings, in specific

Author(s): Andreea Marcela Praja (Herdean)
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: defenses in fact; procedural exceptions; substantive exceptions; procedural quality; legal nature.

Summary/Abstract: The article analyzes the legal nature of the exception of the lack of civil procedural quality in the civil process, starting from a few questions.As a preliminary, we must determine what a defense, lato sensu, in a civil process means from a legal point of view. This meaning of the notion is considered by the provisions of art. 31. C. pr. civ., when referring to legal defenses.On the other hand, we will analyze the notion of defense stricto sensu which, among all defenses, only covers those means by which objections are invoked against the substance of the claim deduced from the judgment.Next, we must answer what the exceptions are, in a narrow and technical procedural sense, by referring to the notion of procedural defense.Finally, before establishing the legal nature of the procedural quality, it is necessary to make a delimitation between substantive defenses and substantive procedural exceptions.The result of the study will lead to the determination of the legal nature of the exception of the lack of procedural quality, however, to determine it, we will study what kind of deficiencies we can invoke within the substantive procedural exceptions and what constitutes a simple substantive defense.

  • Issue Year: 2022
  • Issue No: 2
  • Page Range: 127-145
  • Page Count: 19
  • Language: Romanian