Consideraţii asupra „principalelor” efecte ale unor mecanisme procesuale accesorii, subsidiare, complementare sau incidentale

Rezumat

The application of the accessorium sequitur principale rule has multiple aspects in civil proceedings, for this rule applies not only to procedural instruments which by their nature can be characterized in this way, such as accessory and incidental claims, but also to complex procedural mechanisms such as those relating to jurisdiction or remedies. In the latter situations, the accessory mechanism can produce important procedural effects, becoming a distinct legal figure or even determining the “fate of the principal” or, at least, influencing it decisively, so that the user of the principal procedural form may adjust its procedural position or even give up its procedural approach.
This study reveals several aspects of the legal regime of some procedural mechanisms or procedures, in view of their accessory, servant or special character, as well as the importance of some effects produced independently of the principal procedural forms.