Suspendarea judecăţii unei cauze în raport cu altă cauză suspendată
Suspension of proceedings in a case in relation to another suspended case
Author(s): Valeriu Stoica, Angelica AlecuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: suspension of judgement; optional suspension; Art. 413 para. (1) point 1 Civil Procedure Code; suspended case; reasonable terms;
Summary/Abstract: The fact that the file in respect of which a stay of proceedings is sought is itself stayed does not per se prevent the stay of proceedings from being ordered under Art. 413 para. (1) point 1 Civil Procedure Code. To consider otherwise would be tantamount to depriving the judge of a useful tool for the proper administration of the trial, taking away from the powers conferred by law (including the possibility of ordering the optional legal suspension, under Art. 413 Civil Procedure Code), without any legal support. The key to striking a balance between the requirement to resolve the dispute within a reasonable time and the requirement to avoid the unfair consequences of conflicting judgments lies in the judge’s appreciation of the particular circumstances of the case. It is not by chance that the provisions of Article 413 para. (1), para. 1 of the Civil Procedure Code enshrines a case of optional legal suspension, left to the discretion of the judge.
Journal: Revista Română de Drept Privat
- Issue Year: 2023
- Issue No: 02
- Page Range: 380-398
- Page Count: 19
- Language: Romanian
- Content File-PDF