Extending the procedural framework via the counterclaim under the new Code of Civil Procedure Cover Image
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Extinderea cadrului procesual prin intermediul cererii reconvenționale în noul Cod de procedură civilă
Extending the procedural framework via the counterclaim under the new Code of Civil Procedure

Author(s): Adrian Fanu-Moca, Claudia Roșu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: new Code of Civil Procedure; extending the procedural framework via the counterclaim for giving the opportunity of summoning to Court also persons other than the plaintiff; the novelty of this provisi

Summary/Abstract: In the study hereunder, the authors analyse the wording of Article 209 para. (2) of the new Code of Civil Procedure (Law No. 134/2010, republished, enacted on February 15th, 2013), text according to which “if the claims put forth under the counterclaim also relate to persons other than the plaintiff, these will be summoned to Court as defendants”.The authors highlight that this text had no counterpart in the former Code of Civil Procedure (1865, reprinted in 1948) and emphasize positively the new regulation which extends thus the procedural framework.

  • Issue Year: 2013
  • Issue No: 09
  • Page Range: 62-66
  • Page Count: 5
  • Language: Romanian