Lipsa coparticipării procesuale imperative. Remedii şi consecinţe

Jud. dr. Ioan Ilieş Neamţ

Lack of mandatory procedural co-participation. Remedies and consequences

Abstract

In the present study we set out to examine the issue of necessary litigation and the consequences arising from it. In this regard, after a brief review of the principle of availability of the subjective procedural framework, the analysis turned to the institution of mandatory procedural co-participation, highlighting its particularities and the distinctions to be drawn between its various forms. The potential remedies available for the situation where the application has not adequately configured the procedural framework from the perspective of compulsory joinder were then analysed, with brief references to the possibility of amending the application, the forms of intervention available to the parties and, finally, the compulsory introduction of the third party ex officio. The final part is devoted to the reflection of...