Unele consideraţii pe marginea noţiunilor de "interes legitim" în contenciosul administrativ şi "interesul de a acţiona" în procesul civil

dr. ANTON TRĂILESCU*

* e-mail: avocat.antontrailescu@gmail.com

Prof. univ. - Facultatea de Drept, Universitatea de Vest din Timişoara

ABSTRACT

The premise of this study is that the current legislation uses two legal notions with relatively different names, that is the "legitimate interest" in the administrative contentious procedure, regulated by the Law No 554/2004, and the "interest to act, used in the Civil Procedure Code, both representing conditions of admissibility of the judicial action (in administrative contentious and, respectively, civil action). The aim pursued by the author was to observe whether these legal notions are synonyms or they differ, in terms of their processual connotation, depending on the nature of the legal action promoted. In this regard, the author has compared the two legal notions, revealing the similarities and...