Inadmisibilitatea formulării de cereri cu caracter contencios în cadrul unei proceduri necontencioase de dizolvare a unei fundaţii. Lipsa calităţii procesuale a unui terţ care pretinde drepturi potrivnice în procedura necontencioasă

Prof. univ. dr. Gabriela RĂDUCAN

ABSTRACT

Starting from the particular situation encountered in the practice of courts, we have raised a number of theoretical problems related to the limitations that third party intervention has in matters of non-contentious procedure. The study deals with the distinction between situations in which a third party is called in the non-contentious procedure, usually under art. 78(1) of the Civil Procedure Code, by the judge invested with deciding on the claim, in order to be heard, or at the request of the claimant, and the situation in which the third party intervenes on his own initiative, improperly using the institution of the main voluntary intervention provided by art. 62 et seq. of the Civil Procedure Code. The arguments...