Judicial procedures have a diverse variety, often allowing for the possibility that one party may file a separate claim for warranty or damages, closely related to the subject matter of the dispute, against a third party. To avoid separate resolution of this claim and to ensure a unified interpretation of the evidence administered in a case, procedural law regulates the institution of calling in warranty.
Thus, the interested party in a civil proceeding may call in warranty a third party against whom they may potentially claim after the conclusion of the initial, primary litigation. The request for calling in warranty shall be made in the form provided for the request for legal action and shall be filed no later than the completion of the examination of the case before the first instance by the plaintiff or the principal intervener or upon filing the defense by the defendant.
It shall be communicated to the party called in warranty, together with copies of the request for legal action, the defense, and the documents from the file. The party called in warranty has the right to file a defense within the judicial deadline set by the court and has the possibility to, in turn, file a request for calling in warranty against another third party.
The request is subject to the admissibility procedure in principle, with the party called in warranty becoming a party to the proceedings only after the principle request for calling in warranty has been admitted. The party called in warranty shall take over the procedure at the stage it is in but may request the administration of evidence.
The request for calling in warranty shall be judged together with the main request, but if the judgment of the latter is delayed, the court may order its separation, which shall be suspended until the resolution of the main request. The procedural rights of the parties must be used appropriately, and our society has a team with extensive experience in resolving disputes that also involve filing a request for calling in warranty, so we can assist you in any judicial action.
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.
Daniel Pavelescu – Attorney at Law
