Despre „rătăcirea” (procesuală) a reclamantului în labirintul căutării locului citării pârâtului persoană fizică
On the (procedural) „wandering” of the plaintiff in the labyrinth of the search for the place of summons of the defendant natural person

Summary/Abstract: The summoning of the parties and other participants in the civil proceedings, as well as the service of procedural documents, are means of guaranteeing respect for the fundamental principles of the civil process, as well as the free exercise of fundamental rights and freedoms. From this perspective, the importance of the correct performance of the summoning procedure and of the service of procedural documents becomes obvious, justifying the severity of the procedural sanctions incident in the event of non compliance with the legal provisions governing this matter. In this context, the authors point out the need to link the rules of procedural law with those of substantive law governing the concepts of 'domicile' and 'residence' and their legal status, respectively, taking the view that the summoning and service of procedural documents cannot disregard the provisions governing the place of summons, that is to say, the place of service, or the legal content of the concepts of 'domicile', respectively "residence". Both domicile and residence are elements of identification of the natural person, and the record of natural persons, including from the perspective of spatial location, is a matter of general interest that must be understood in the context of the imperative of respecting the rule of law and the security of the civil circuit.

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