Autor: Mihail UDROIU
Publicat în: Revista Română de Drept Privat nr. 4/2018
Disponibil online: aici.
Titlul lucrării în engleză: Prolegomena to the civil action in criminal proceedings
Abstract: This study is intended to present a new vision regarding the civil action in criminal proceedings, in order to harmonize this institution with the civil procedural conception in this matter. Thus, on the one hand, it analyses the opinions regarding civil action in criminal proceedings developed over time in the criminal procedural doctrine, issuing both a common criticism and several particular ones, and it presents the vision of the private law doctrine as regards the material right to action, the procedural right to action and the civil action. On the other hand, it proposes a new vision regarding the civil action, its object and purpose and it presents the way in which the limitation of the material right to action can apply to the civil claims of the person damaged by an offence under the criminal law.
Keywords: civil action; material right to action; procedural right to action, limitation.
