Drept procesual civil. Acţiuni concurente având aceeaşi cauză juridică. Modalitatea soluţionării lor

Civil Procedural Law. Concurrent actions with the same legal cause. Modality to solve them

Abstract

The hypothesis of concurrent actions is dissociated from the situation of the requests ancillary to the main request. The settlement of a concurrent claim will always depend on the solution given to the other claim, as in the case of the ancillary claim - but in the latter case the court will be obliged to rule also on the claims arising from the main action.

However, in the case of concurrent actions, it is sufficient to rule on one of the alternative claims, in order to establish that the investigation of the merits has taken place - the correlative removal of the subsidiary claim being implied.

It is therefore not necessary to lodge an incidental appeal for the head of claim implicitly removed, but the change of the solution in the appeal also requires the analysis of the latter.

Rezumat