3. Coproprietari vs. Asociaţia de proprietari. Stabilirea calităţii procesuale în litigiile privitoare la cheltuielile comune din condominiu
3. Co-owners vs. the Homeowners’ Association: Determining Procedural Standing in Disputes Concerning Common Expenses in a Condominium

Summary/Abstract: The article analyses the issue of passive procedural standing in disputes concerning the recovery of amounts advanced by one of the co owners for the repair of the common parts of a building. Starting from a case decided by the Timişoara Court of Appeal, the paper examines the relationship between the rules set out in the Romanian Civil Code governing forced co ownership over the common parts of a condominium and the provisions of the legislation on homeowners’ associations. At the same time, it highlights the procedural consequences arising from the legal characterization of the object of the statement of claim, particularly with regard to procedural standing and the regime of legal remedies.

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