Produceri prefigurate pentru asigurarea interpretarii si aplicarii unitare a legii de catre instantele judecatoresti.
Procedures designed to ensure the unitary interpretation and application of the law by the courts.
Author(s): Ion DeleanuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: unitary interpretation; courts of law; decision in the interest of law; High Court of Cassation and Justice
Summary/Abstract: The unitary interpretation and application of the law is one of the fundamental premises of the credibility of justice and, in a broader meaning, of the equality before the law. Therefore, the concern for establishing preventive and/or punishing procedures likely to guarantee the passing from desideration to result in this field, as well, is “natural”. The draft Civil Procedure Code configures or reconfigures three such procedures, with a specific object and purpose, even exclusive, some of them still being, maybe, perfectible: the requirement of decisions by the judicial review court on the legal issues for judges of the merits; the requirement of solutions to the legal issues by the preliminary decision requested to the corresponding section of the High Court of Cassation and Justice; the requirement of solutions to the legal issues provided by the decision in the interest of law pronounced by the Joined Sections of the High Court of Cassation and Justice.
Journal: Revista Română de Drept Privat
- Issue Year: 2010
- Issue No: 01
- Page Range: 88-104
- Page Count: 17
- Language: Romanian
- Content File-PDF