4. Cerere în constatarea inexistenței unui drept formulată de partea pârâtă într-o cerere în realizarea dreptului. Consecințe
4. Application for declaration of non-existence of a right lodged by the defendant in a claim of exercise of the right. Consequences

Summary/Abstract: One who denies the existence of the claimant’s right and who might have previously protect his/her legitimate interest in an application obtains a specific and sufficiently effective procedural remedy, due to the introduction of the claim of exercise of the right by the adverse party, which the lawmaker made at his/her disposal in order to satisfy the same interest: the filing of a statement of defence under which he/she should request the declaration of the non-existence of the right claimed by the adverse party and at the same time, the non-existence of any of his/ her correlative obligations, resulting in the dismissal of the application as being unfounded. Thus, in case the defendant in an injunction of exercise of a right does not lodge any statement of defence in the case, the application for declaration of non-existence of the claimant’s right subsequently lodged by the defendant shall be inadmissible, as the legal provisions allow him/her a main procedural remedy – statement of defence – through which he/she may obtain the exercise of the right or the aim pursued.

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