Silviya Spasova, Attorney at law, prepared an opinion in her capacity as rapporteur, appointed by the Supreme Bar Council on the interpretative case No. 7/2021 of the SCC on the following question: “Are the contracting parties obligatory or optional necessary companions in the proceedings on a claim brought by a third party for nullity of the contract?”. Contradictory case law has been found on the question.
Some of the decisions hold that, where the subject-matter of the proceedings is a claim for a contract to be declared void, the contracting parties are necessary companions, the bringing of the action by or against all the companions being a prerequisite for the admissibility of the proceedings in the case, which the court is obliged to monitor of its own motion. According to other decisions, the nature of the dispute does not necessarily require the participation of the contracting parties. A void contract does not exist on general grounds for the legal world; anyone (not only the parties to the contract) can invoke the void without time limit, either by a claim or by invoking the existing defect.
The opinion prepared by Att. Spasova, can be viewed here here
