Participation of third parties in civil proceeding: Comparision between the current and the new code of civil procedure

• Author: Natalia Saharov; Brîndusa Gorea
• Position: Faculty of Law, 'Dimitrie Cantemir' University, Târgu Mures, Romania - Faculty of Law, 'Dimitrie Cantemir' University, Târgu Mures, Romania
• Pages: 165-170

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2012), pp. 165-170

165

PARTICIPATION OF THIRD PARTIES IN CIVIL PROCEEDING:

COMPARISION BETWEEN THE CURRENT AND THE NEW CODE OF

CIVIL PROCEDURE

N. Saharov, B. Gorea

Natalia Saharov

Faculty of Law,

“Dimitrie Cantemir” University, Târgu Mure, Romania

*Correspondence: Natalia Saharov, “Dimitrie Cantemir” University,

No. 3-5 Bodoni Sandor St., Târgu Mure, Romania

E-mail: sanav2003@yahoo.com

Brîndua Gorea

Faculty of Law,

“Dimitrie Cantemir” University, Târgu Mure, Romania

*Correspondence: Brîndua Gorea, “Dimitrie Cantemir” University,

3-5 Bodoni Sandor St., Târgu Mure, Romania

E-mail: brindusagorea@yahoo.com

Abstract

This paperwork aims to be a comparison between the participation of third parties in

the civil case as per the current regulation and the new Code of Civil Procedure, seeking to

capture the new elements and highlight the utility of any change.

Keywords: third parties, intervention, civil case, new Code of Civil Procedure.

Introduction

The legislation referring to third party participation in civil cases has its origins in

Romanian law showing two forms of third party intervention: intervention of right and

permissive intervention. Romanian legislator has set the primary intervention as a rule and

the complaint against a third party (impleader) only as a dilatory exception. As of 1990 when

amended the Code of Civil Procedure, the text of the legislative act refers also to the

permissive intervention (permissive)

1

.

The new Code of Civil Procedure, adopted by Law no. 134/2010, regulates both the

deliberate and forced intervention, establishing as absolute novelty the institution of forced

granted admission for summons.

In the attempt to capture the elements of novelty brought by Law no. 134/2010, as

amended by the implementation Law no. 76/2012

2

, we begin emphasizing unusual elements

common to each form of intervention, both forced and deliberate.

In terms of terminology, the editors of the new Civil Procedure Code undertake well-

known doctrinal designations such as primary intervention to define the intervention of right

and permissive (permissive) intervention to define the intervention in the interest of one party.

However, is worth noticing the lack of any reference to first court appearance, all

references to this procedural time being replaced in the new Code of Civil Procedure with the

syntagma first term of hearing.

1

I. Le, Tratat de drept procesual civil, 4

th

edition, C.H. Beck Publishing House, Bucharest, 2008, p. 123

2

Published in the Official Gazette of Romania, part I, no. 365 o f 30 May 2012.