CASES IN WHICH THE JUDGE BRINGS EX OFFICIO THIRD PARTIES INTO THE CAUSE Cover Image

CAZURILE ÎN CARE JUDECĂTORUL POATE DISPUNE DIN OFICIU INTRODUCEREA ÎN CAUZA A ALTOR PERSOANE
CASES IN WHICH THE JUDGE BRINGS EX OFFICIO THIRD PARTIES INTO THE CAUSE

Author(s): Anjie-Diana Goh
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: the principle of autonomy of willingness; mandatory litisconsorts; contentious and non-contentious proceedings;

Summary/Abstract: This article introduces the institution of bringing third parties in the cause by the judge ex officio. The presentation starts with a throwback through history of this juridical construction, explaining why and how it was built by the legislator due to real juridical needs remarked at those times. The institution of getting third parties into the cause ex officio represents an exception of the principle of autonomy of willingness and is requiring some different conditions depending on eachprocedure: contentious or non-contentious. Finally, there are some concrete examples for each procedure.

  • Issue Year: 2019
  • Issue No: 04
  • Page Range: 31-47
  • Page Count: 17
  • Language: Romanian