About the Effects of Sustaining the Inadmissibility Exception for a Counterclaim

• Author: Angelica Rosu
• Position: Associate Professor, PhD, 'Danubius' University of Galati, Romania
• Pages: 17-23

JURIDICA

17

About the Effects of Sustaining the

Inadmissibility Exception for a

Counterclaim

Angelica ROŞU

1

Abstract: In this paper we submitted to discussion th e solution that a court can give when finding

out, upon research made (by default or upon inadmissibility exception bringing up by the interested

party) on the admissibility conditions for a counterclaim, that requirements provided by art. 209 in the

Civil Procedure Code are not fulfilled. Our study was generated from a practical situation in which

the court ordered for forwarding a counterclaim to random allocation although th e same court had

sustained the inadmissibility exception for that specific counterclaim. Thus, we have shown that a

counterclaim dismissed as inadmissible, can not be analyzed in terms of the conditions for

admissibility of a main demand, with the consequent submission to the random distribution.

Keywords: counterclaim; admissibility conditions; the order court for forwarding the counterclaim;

disjunction action

1. Introduction

The legal issue raised for debate concerns the solution that a court can give when

finding out, upon research made (by default or upon inadmissibility exception

bringing up by the interested party) on the admissibility conditions for a

counterclaim, that requirements provided by art. 209 in the Civil Procedure Code

are not fulfilled.

Our analysis starts from a real case when the court ordered for forwarding a

counterclaim “and its attached writings (...) to the registrar’s office at the 1st Civil

1

Associate Professor, PhD, “Danubius” University of Galati, Romania. Address: 3 Galati Boulevard,

800654 Galati, Romania. Tel.: +40.372.361.102, fax: +40.372.361.290. Corresponding author:

rosuangelica@univ-danubius.ro.

AUDJ, vol. 11, no. 3/2015, pp. 17-23