Theoretical Considerations on the Concept of Part in Context- Civil Code

AuthorMurzea, C.
PositionLaw Department, Transilvania University of Brasov
Pages147-154
Bulletin of the Transilvania University of Braşov
Series VII: Social Sciences • Law • Vol. 7 (56) No. 1 - 2014
THEORETICAL CONSIDERATIONS ON
THE CONCEPT OF PART IN CONTEXT
- CIVIL CODE
Cristinel MURZEA1
Abstract: The subjects of law, bound by substantive law relationships, enter
into new relationships of a procedural type, from creditors or debtors they
become plaintiffs or defendants and together with the plan of substantive civil
law relationships in this context the plan/level of civil procedural
relationships also emerges. In this context, we will examine the concept of
"parties", trying to define it and to determine the theoretical and practical
interest of this approach.
Key words: Civil Code, part, plaintiffs, defendants, proceedings.
1 Law Department, Transilvania University of Braşov.
1. Introduction
In the area of civil material / substantive
law, the subjects of law come into civil
relations/connections as holders of rights
and obligations.
Sometimes, in the context of these
relationships, conflict situations arise,
claims are issued, and breaches of
subjective rights or legitimate interests are
discovered.
Then, to defend individual rights
allegedly infringed or to promote the
interests allegedly ignored, the subjects of
law (people) turn to the competent state
authorities called upon to enforce, with the
power of state authority, the provisions of
the laws of matter.
The subjects of law, bound by
substantive law relationships, enter into
new relationships of a procedural type,
from creditors or debtors they become
plaintiffs or defendants and together with
the plan of substantive civil law
relationships in this context the plan/level
of civil procedural relatio nships also
emerges.
Some authors consider that the level of
procedural relations represents the plan of
sanctions in the substantive civil law
relationships. In reality, however, between
the substantive civil law relationships plan
and the procedural relationships, there are
situations of mutual interdependence and
influence, but not of dependence and one-
sidedness in regard to a plan or the other.
The bond is often achieved through the
civil action, meaning that the right of
action arises in the context of substantive
civil law relationships and by its means a
procedural relationship is triggered. But it
must also be taken into account that the
sentence ruled in the lawsuit refers to
substantive civil law relationships.
It is also considered that the lawsuit is
not always caused by a conflict in the area
of substantive law, as for example divorce
or separation concluded amiably.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT