SHORT CONSIDERATIONS ON OBSOLESCENCE – CONDITIONS, PROCEDURE AND EFFECTS –
SHORT CONSIDERATIONS ON OBSOLESCENCE – CONDITIONS, PROCEDURE AND EFFECTS –

Summary/Abstract: The conditions of obsolescence can be deduced from the provisions of art. 416 para. 1 C. civ. proc. according to which: “Any request for summons, rejudgement, appeal, review, revision and any other request for reform or withdrawal shall lapse by law, even against the incapacitated, if it remained in default for reasons attributable to the party, for 6 months. Therefore, the party is not to blame if the procedural document was to be performed ex officio. The sanction of obsolescence becomes incidental by the express will of the law, although the forced execution does not determine a substantive judicial activity proper, because it intervenes after the pronouncement of a decision.The general character of the provisions of art. 416 para. (1), makes the obsolescence to target any kind of action, without distinguishing between its nature or character. Therefore, the obsolescence operates in the same way in the case of real actions, civil status actions, as well as with regard to any other actions, even if they would be declared by law imprescriptible.

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