Considerații referitoare la unele incidente în desfășurarea procesului civil
Considerations on particular incidents during Civil Law Cases
Author(s): Andreea Luminița CĂRPUȘOR, Gheorghe DuracSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: civil case; procedural incidents; disposition acts; suspension of the trial; obsolescence of the demand; trial
Summary/Abstract: The civil case is, in essence, the activity of all bodies and persons involved in debates aimed to attain or establish the civil rights or interests that are infringed or unacknowledged. The civil case consists of performing the various process acts corresponding to each stage. This is the normal course of a civil case, continuous, including only the stages that are absolutely necessary. However, in certain cases, due to unforeseen incidents, civil cases do not take place normally, that is, not all the stages are present or some of the stages are delayed, while in other situations the case finishes before the final stage. Such incidents may occur at any time during the civil case, including during its execution, but not necessarily as a result of process availability. In the hypothesis that the legal activity cannot go on or is no longer necessary, or when its preservation would compromise the result of the verdict, the trial is suspended or the demand becomes obsolete. Also, during the civil case, the parties may make a series of disposition acts, which designate the will of the subjects with the purpose of triggering a certain procedure into court or to eliminate the obstacles that could prevent or stop the civil case from the initial phase, or with the purpose of avoiding the creation of an unfavourable situation for one of the parties.
Journal: Acta Universitatis George Bacovia. Juridica
- Issue Year: IV/2015
- Issue No: 1
- Page Range: 209-226
- Page Count: 18