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Abstract
Ownership state involves, by definition, the existence of several persons who jointly owned in property one or more goods. These persons are not forced to remain in joint tenancy, they may request the sharing of the common property right. This right may be exercised both by voluntary partition, conventional, and by legal partition, and each joint owner, exercising this right virtually realizes the power it has on the state of shared ownership, causing it to stop. Active and passive procedural legitimacy have, in the first place each joint owner. They can demand anytime the sharing of the common property. Besides those persons in the partition process, active and passive procedural legitimacy can also have other people who have legal relationships with the joint owners and who pursue the common good. This study aims to analyze the particularities of the parties in a request of partition, and to highlight the issues arising in the judicial practice who faced with the solving some complexes partition request.
Keywords: request for partition, active legal standing, passive legal standing, parties, third parties
General considerations
The Code of Civil Procedure does not offer a legal definition of the concept of party and because of these legislative gap, this concept has been and will be an object of doctrine dispute (Les, 2012: 195); in exchange, the dispositions of article 55 state that the quality of parties in the civil trial belongs to the plaintiff, defendant and third parties that intervene voluntarily or by force in the civil trial. Regarding the intervening third parties, we mention that they become parties only after the admission in principle of the intervention request through a conclusion pronounced by the court. Thus, in the event of a contentious procedure, the parties of the civil action are represented by the natural or legal persons between whom there is a litigation regarding a subjective civil right or a juridical situation which can only be solved through a trial and which is subject to the effects of the court order pronounced in the cause. In the case of a non-contentious procedure, the parties in the civil trial are represented by the persons addressing the court with a request, without aiming to obtain an opposing right in front of...