Lack of standing (lipsă calitate procesuală) in Romanian civil procedure
Lack of standing is raised when the claimant is not the holder of the right invoked or the defendant is not the corresponding obligor. If upheld, the claim is dismissed without examination of the merits.
Definition
What is lack of standing?
Under art. 36 NCPC, the claimant must hold the right invoked (active standing) and the defendant must be the corresponding obligor (passive standing). If either is missing, the claim is dismissed on standing grounds: a peremptory defence of substance. Unlike jurisdictional objections, lack of standing goes to who may sue, not where. A new action by the proper party remains possible.
Frequently asked questions
Yes. Heirs acquire the active standing of the deceased for transmissible rights and may continue the proceedings.
Do you have a case in court?
Look up your case. On its page you choose how you want to follow it.