SCURTE CONSIDERAŢII ASUPRA CARACTERULUI SUBSIDIAR AL ACŢIUNII ÎN CONSTATARE
SHORT CONSIDERATIONS REGARDING THE SUBSIDIARY CHARACTER OF THE DECLARATORY ACTION
Author(s): Ana Maria CreţuSubject(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.
Journal: Universul Juridic
- Issue Year: 2018
- Issue No: 02
- Page Range: 47-54
- Page Count: 8
- Language: Romanian