Lipsa capacităţii procesuale de folosinţă a sucursalei. Greşita calificare şi soluţionare a excepţiei lipsei capacităţii procesuale de folosinţă invocată de pârâtă

Lack of the branch's legal capacity to sue or be sued. Incorrect classification and resolution of the plea of lack of capacity to sue or be sued raised by the defendant

Abstract

A company without legal personality as referred to in Art 1881 para. (3) of the Civil Code may be covered by the provisions of Art. 56 para. (2) of the Civil Procedure Code, which may be represented, in practice, by the simple company or by another type of company regulated by law and lacking legal personality. Also, according to Article 1883 of the Civil Code, companies subject to the condition of registration according to the law and not registered, as well as de facto companies are assimilated to simple companies, so that they are also covered by the exception of Article 56 para. (2) Civil Procedure Code. It follows from the foregoing that branches...