THE DISSOCIATION OF CIVIL ACTION INSTITUTION BETWEEN CIVIL LAW AND CIVIL PROCEDURE LAW IN REPUBLIC OF MOLDOVA

Eleonora Badan-Melnic
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Eleonora Badan-Melnic: Faculty of Law, The State University of Chisinau, MOLDOVA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2012, vol. 51, 84-91

Abstract: The civil action is, in principle, governed by the law of civil procedure as a way of formulation in the court the plaintiff's claims against defendant in the contentious proceedings. The civil law contains a set of rules which governing the forms of civil action, without claiming penetration of procedural elements of nature, often through this discontinuity being created the vague concepts about the mechanism to make use of such actions. On the other side, in some cases the person address in the court without focus of some form of civil action, or hesitates to make an appeal, believing erroneously that there isn’t judicial way to protect his rights. Through this study I intend to gather the material and procedural concept of civil action, thus there can be maked a natural transition from one side to the other.

Keywords: civil action; plaintiff; defendant; material element; element of procedural. (search for similar items in EconPapers)
JEL-codes: K11 K12 K13 K41 (search for similar items in EconPapers)
Date: 2012
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