Cerere pentru emiterea unui ordin de protecție ulterior confirmării ordinului de protecție provizoriu. Competență teritorială
Application for issuing a protection order after confirmation of the provisional protection order. Territorial competence
Author(s): Antonia-Eleonora ConstantinSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: provisional protection order; confirmation; protection order; request made by the prosecutor's office; territorial jurisdiction; negative conflict of jurisdiction;
Summary/Abstract: The procedure regulated by art. 40 of Law no. 217/2003 considers the situation in which the request for the issuance of the protection order is addressed to the court directly by the victim or on his behalf by the persons empowered by law in this regard, without a previously issued provisional protection order. For the hypothesis that there is a provisional protection order issued, the provisions of art. 34 para. (6) from Law no. 217/2003, according to which the jurisdiction rests with the court in whose jurisdiction the provisional protection order was issued.
Journal: Revista Pro Lege
- Issue Year: 2022
- Issue No: 3-4
- Page Range: 272-275
- Page Count: 4
- Language: Romanian