SHORT CONSIDERATIONS REGARDING THE SUBSIDIARY CHARACTER OF THE DECLARATORY ACTION Cover Image

SCURTE CONSIDERAŢII ASUPRA CARACTERULUI SUBSIDIAR AL ACŢIUNII ÎN CONSTATARE
SHORT CONSIDERATIONS REGARDING THE SUBSIDIARY CHARACTER OF THE DECLARATORY ACTION

Author(s): Ana Maria Creţu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: declaratory action; action for the establishing of the claim; subsidiary character;

Summary/Abstract: The present work examines the declaratory action, institution that, even if it is regulated within a single provision of the Code of Civil Procedure, can raise a series of problems, most of which arise from its subsidiary character. The particularities of this action make it admissible in a rather small number of cases, even if many more have recourse to it, and the courts of law often have different opinions regarding this subject. This work is a short analysis of the subsidiary character of the declaratory action, with reference to the jurisprudence of the High Court of Cassation and Justice.

  • Issue Year: 2018
  • Issue No: 02
  • Page Range: 47-54
  • Page Count: 8
  • Language: Romanian