Claim against a third party

The High Court of Cassation and Justice decided that, pursuant to art. 72 para. (1) the of the New Civil Procedure Code, the interested party can call claim against a third party, against to which it may proceed with a separate warranty or damages request. In this regard, the High Court stated that the mentioned provisions expressly provide that it “a third person” may be called upon to guarantee, person which is foreign to judgment, the doctrine accepting the possibility to apply for the guarantee between parties in the trial only the situation of a passive co-participation procedural liability, by calling the guarantee of a defendant by another defendant, and not between plaintiff and defendant, the first being able to assert claims by way of summons request, amended in accordance with art. 204 of the Civil Procedure Code, until the first term where the parties having been duly summoned. The High Court further noted that if in the previous regulation the concept of the guarantee to call another person was mentioned, the legislator, through the New Civil Procedure Code, restricted this possibility. (Decision no. 3908 of 21 October 2014 rendered on appeal by the Administrative and Fiscal Section of the High Courts of Cassation and Justice, having as object an annulment decision settling the appeal, note cancellation on irregularities and establishing financial corrections) 

:: The Source:

Ana-Maria Udriște

LinkedIn | Facebook