Adoption. Admissibility of the claim for main intervention

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

According to Article 61 paragraphs (1) and (2) of the Civil Procedure Code, anyone with an interest may intervene in a trial judged between the original parties, the intervention being the main one, when the intervener claims for himself, in whole or in part, the right subject to trial or a right closely related to it.

Therefore, in order for a claim for main intervention to be admitted in principle, those conditions must be duly met, without the court ruling in principle on the merits of the claim for main intervention at this stage of admissibility.

The substantive settlement of the claim and the concrete establishment of the factual and legal situation in this case, including the clarification of the circumstance related to the signing by the appellant of the minutes provided by Article 30 paragraph (1) of Law no. 273/2004, with consequences on the subsequent stages of the adoption procedure, are substantive issues that cannot be initiated in the stage of admissibility in principle of the claim for main intervention, but, subsequently, during the settlement of the case, including in point of validity of the claim for intervention.