LEGAL CONDITIONS IMPOSED BY ART. 78 OF THE ROMANIAN CIVIL PROCEDURE CODE REGARDING THE HEARING OF A CASE WITHOUT RULING ON ITS MERITS
Keywords:Insolvency procedure, civil procedure, lack of capacity to take proceedings, debtor represented by its special administrator
In contentious matters, when the conditions impose it, the judge will put in discussion of the parties the necessity of introducing other persons in the procedure; if neither party requests the introduction of the third party in question, and the judge considers that the case cannot be heard without the participation of the third party, he will dismiss the claim, without ruling on the merits.
The legal text imposes two conditions for hearing the case without ruling on the merits: neither party to request the introduction of the third party and the judge to appreciate that the case cannot be heard without the participation of the third party.
The text does not state whether the necessity of fulfillment of the second condition must be brought to the attention of the parties before or after the judgement is delivered (by the decision rejecting the application itself). However, the interpretation of the legal text leads to the conclusion that the first one is the solution considered by the legislator.
Law no. 85/2014 on the procedures for preventing insolvency and for insolvency published in the Official Gazette of Romania no. 466 of 25 June 2014.
Law no. 134/2010 on the Civil Procedure Code was re-published in the Official Gazette of Romania no. 247 of 10 April 2015.
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