INTRODUCEREA FORȚATĂ ÎN CAUZĂ, DIN OFICIU, A ALTOR PERSOANE

Article 78 of the Civil Procedure Code, paradoxically, evokes through its title an apparent
exception to the principle of availability, however, through its content, it constitutes a confirmation of
this principle. Given this apparent contradiction, it must be clarified whether, in the case provided in
Article 78 (2) of the Civil Procedure Code, the party requesting the introduction of the third party in
the trial after the judge has questioned the necessity of its introduction may formulate any new heads
of claim involved in the enlargement, in this way, of the procedural framework.
Also due to the phrase „ex officio” attached to this introduction, it must be concluded whether,
for these possible new heads of claim, related to the introductory request, the requesting party must
pay judicial stamp duty or, due to this reference to officiality, the party is exempted from such
obligation.
It must also be established whether to these new heads of claim it can be opposed the
exception implied by the sanction of loss, referred to in Article 204 of the Civil Procedure Code, in the
conditions in which they would be related to the introductory request.