Acta Universitatis Danubius. Juridica, Vol 11, No 3 (2015)

Abstract

In this paper we submitted to discussion the solution that a court can give when finding out, upon research made (by default or upon inadmissibility exception bringing up by the interested party) on the admissibility conditions for a counterclaim, that requirements provided by art. 209 in the Civil Procedure Code are not fulfilled. Our study was generated from a practical situation in which the court ordered for forwarding a counterclaim to random allocation although the same court had sustained the inadmissibility exception for that specific counterclaim. Thus, we have shown that a counterclaim dismissed as inadmissible, can not be analyzed in terms of the conditions for admissibility of a main demand, with the consequent submission to the random distribution.