Acţiune în constatare. Autoritate de lucru judecat. Aplicarea în timp a legii civile. Abuzul de drept apt să determine atragerea răspunderii civile delictuale. Garanţie reală versus garanţie personală

Action for declaration. Res judicata. Application of civil law over time. Abuse of right able to determine civil liability. Real security versus personal security

Abstract

Given that the first court rejected the objection of inadmissibility of the action under the provisions of Art. 35 of the Civil Procedure Code, which establishes the subsidiary nature of the action for declaration, and the judgment delivered on this procedural objection acquired the res judicata force due to the non-exercise of the remedy of appeal on this matter of law, the principle of not worsening the situation in one’s own appeal is opposed to verifying the admissibility of the action filed under Art. 35, as long as the first court examined the application on the merits.

Since the action was based on tort liability,...