PROCEDURAL LEGAL STANDING (LEGITIMATIO AD PROCESSUM)

Authors

  • Dijana Gorgieva Дијана Горгиева ,
  • Zorica Stoileva Зорица Стоилева ,

Abstract

The procedural legal standing (legitimatio ad processum) in the continental procedural
systems is not standardized legal institute of the civil procedural law, so it is a creation of the
theory of the civil procedural law and judiciary. The legal gap of the institute procedural legal
standing makes this institute a real enigma of the modern civil procedural law. This thesis is
due to the fact that the legal standing is narrower institute from the legal interest, and a
broader institute from the substantive legal standing (legitimatio ad causam). That 's why it is
a real challenge is to answer the question does the procedural legal standing has its own
independent process function vis-à-vis the legal interest and substantive legal standing
(legitimatio ad causam), and what is the technique for its determination?

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Published

2018-09-03