LEGAL NATURE OF THE ACTION FOR DAMAGES Cover Image
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NATURA JURIDICĂ A ACȚIUNII ÎN DESPĂGUBIRI
LEGAL NATURE OF THE ACTION FOR DAMAGES

Author(s): Ilinca Dediu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: civil action; legal; liability; state; negligence; gross negligence; bad faith; unlawful detention; ECHR; repair damage; magistrate.

Summary/Abstract: "Access to justice " is fullness right to sue. The principles set out are reproduced in art. 6 para (1) and (2) of Law no. 304/2004. Incidentally, in all civilized societies justice organs were created precisely to defend subjective rights and values recognized by law. Free access to competent bodies to resolve disagreements between citizens and state is achieved through procedural middle of the action. Without guaranteed access to justice very idea of law often subjective constitute a mere" college " lawful, without adequate safeguards. But the action is not the only legal guarantee of repturilor subjective. But it is undoubtedly the primary means of proteguire of such rights and the legal system in general. Action can not be reduced but the document instituting the judicial body. It is a procedural means to maintain and justify the overall activity of the court seised of a claim. The first practical manifestation of action appear together with the notification of the court. But this is only the first step in the full exercise of the civil action. The legal notion of civil proceedings was constituted as the concept of subjective right, gradually and progressively, being a young concept that is not fully consolidated, despite concerns oldest to define it. New Code of Civil Procedure defines the art. 29 civil action as a set of procedural means provided by law to protect the subjective right claimed by one party or another legal situations and for defense in litigation.

  • Issue Year: 2016
  • Issue No: 01
  • Page Range: 1051-1060
  • Page Count: 10
  • Language: Romanian