Depending on the purpose pursued by the plaintiff in initiating an action, there are three categories of actions (lawsuits) in the differentiation of which the subjective right or legal situation to be valorized plays a substantial role.
In practice, recognizing this classification offers a series of benefits, among which perhaps the most important is the correct legal treatment of the issue raised by the claim, as well as identifying relevant case law in the field and the usual course of a lawsuit with similar claims.
Therefore, based on the material purpose pursued by the plaintiff, we enumerate:
➡ ACTIONS IN THE ENFORCEMENT OF RIGHTS
These are established by Article 30(1) of the Civil Procedure Code:
“(1) Anyone who has a claim against another person or seeks the judicial resolution of a legal situation has the right to make a request before the competent court.”
In the case of filing such a request, the plaintiff claims to be the holder of a subjective right and requests the court to compel the defendant to respect the right or to pay damages for the suffered prejudice.
In the event that the defendant does not comply with the court decision that is favorable to the plaintiff, it can be enforced through forced execution.
Examples of lawsuits falling into this category include claims in reclamation, actions for the payment of a sum of money, requests for the annulment of a legal act, etc.
Most actions fall into this category. It has retroactive effects, as the court does not create a new legal relationship but recognizes an already existing situation.
➡ ACTIONS IN DECLARATION
These are regulated by Article 35 of the Civil Procedure Code:
“Declaration of the existence or non-existence of a right
Anyone with an interest may request the declaration of the existence or non-existence of a right. The request cannot be accepted if the party can request the enforcement of the right by any other means provided by law.”
Through this type of request, the plaintiff asks the court:
- To declare the existence of a right of his own;
- To declare the non-existence of a right of the defendant against him.
Thus, the enforcement of the right is not requested, but the establishment of a legal relationship is sought. Decisions in cases originating from an action in declaration do not constitute enforceable titles.
Historically, these types of actions were not always regulated because the legislator did not consider it necessary for the court to intervene in situations where the legal situation only needed clarification. However, practice has proven otherwise, but the logic behind the legislator’s initial considerations remains valid, which is why the action in declaration is subsidiary to any other means of enforcing the right. The plaintiff must have exhausted any other option or not have had any other option available to resort to this remedy; otherwise, the action is rejected as inadmissible.
By way of example, the action for adverse possession is in declaration. Also, the one submitted by a debtor who claims, through an objection to execution, that the statute of limitations has occurred regarding the creditor’s claim against him.
This category is divided into three sub-classifications: declaratory, interrogatory, or provocative actions.
➡ ACTIONS IN CONSTITUTION
These differ from the other categories by an essential feature: if actions in enforcement and in declaration settle an existing right and produce effects for the past, the action in constitution gives rise to a new legal situation that did not exist at the time of filing the lawsuit, and its effects occur in the future.
Some examples of non-patrimonial actions in constitution would be divorce, placement under guardianship, establishment of filiation.
A non-patrimonial action of this kind is one in which the pronouncement of a judgment serving as a sales contract is requested. Although the plaintiff initially has a right of claim, the finality of the judgment establishes a real right, namely ownership of the object of sale.
Thus, we observe essential differences between these types of actions and the effects they can have on a legal situation. The classification is of particular importance for anyone interested in defending a right through contentious means.
For further information or any additional inquiries, please do not hesitate to contact us:
➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro
We are here to assist and provide legal support for all your needs. We look forward to discussing with you.
Denisa Croitoru
Resources:
– Civil Procedural Law, 5th Edition, Gabriel Boroi and Mirela Stancu, Hamangiu Publishing, 2020
