Calitatea procesuală a unităţii administrativ-teritoriale. Lipsa de calitate procesuală a consiliului local decurgând din lipsa personalităţii juridice

The competence to stand in trial of the administrative and territorial division. Lack of competence to stand in trial issued by the lack of legal personality

Abstract

The administrative and territorial division, namely G. County, has legal personality, hence having the ability to stand trial, being represented by the Mayor of G. County.

City Council has no legal personality, nor its own patrimony, it being just an administrator of the patrimony belonging to the administrative territorial division.

It can be deduced that G. City Council does not have legal personality to stand trial, as provided by Article 41 para. (1) C. pr. civ.

Though, apparently, from the applicable legal provisions one could not deduce G. County’s competence to stand trial in passive stance, ruling against G. City Council, entity lacking legal personality, could have...