INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
existence of an actual right, but also the practical interest that a party seeks
to obtain by putting into motion a judicious procedure.” And, lack of
interes is deemed unanswereable exception which makes useless the
litigation au fond of the dispute.
Second ground: the recurrent has not resigned from her new job
given to which she was assigned by the employer as his unilateral act of
will totally meets the conditions that must be met in the case of resignation,
as it is regulated under the provisions stipulated under art. 79 para 1 of the
Labour Code.
5. Commentary
We have our doubts in what the decisions of the two courts are
concerned, which seem to be not only illegal and unsubstantial, but also
ambiguously reasoned.
It is true that, interest represents one of the general and essential
condition for weilding the civil action or any other concrete form of
manifestation 1 . Putting differently, the interest to commence a civil action
means to justify or to determine the putting into motion of the judicial
procedure, meaning for the plaintiff to obtain by court decision the judious
defendance of his breached, litigated right and therefore, to strenghten his
statutory position. Therefore, the interest condition is necessary to be met,
not only when addressing the matter to the court, and also subsequently,
during the trial settlement, until its completion, fact which makes „interest”
distinguishable from „the subjective right”, whose existence is not
necessarily to be justified until the completion of the trial for the acceptance
of the civil action. Consequently, the judicious procedure can not be
initiated and maintained without the seeking and justification of one
particular interest, meaning an immediate practical advantage that the
plaintiff seeks to obtain when he requests the law court to settle down the
request. 2
1 The etimology of the term or of the word „interes” derives from the Lation word
„interest qui”, which means concern to obtain a success, an advantage, or
covetousness laid down into a civil action seeking the fulfillment of some needs.
Before commencing a civil action, the rational man asks himself: what is its
purpose Who is its beneficary (qui prodest, ce qui importe).
2 For further reading: I. Stoenescu, S. Zilberstein, Civil Procedural Law. General
practice, Didactică şi Pedagogică Publishing House, Bucharest, 1983, pp. 297; V.M.
Ciodanu, Civil Procedural Treaty, General Practise, Volume. I, Naţional Publishing
House, Bucharest, 1996, pp. 270; Gr. Porumb, Romanian Civil Procedural Law,
Didactică şi Pedagogică Publishing House, Bucharest, 1971, pp. 131; D. Radu, Civil
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