DESPRE DECĂDERI, PROBAŢIUNE ŞI ALTE CHESTIUNI PROCESUAL CIVILE
ABOUT THE WITHDRAWAL OF RIGHTS, PROBATION AND OTHER CIVIL PROCEDURE MATTERS

Summary/Abstract: In this article the author presents the situation, unequivocally resolved in a theoretical plan by the dispositions of art. 208 from the Civil Procedure Code of Romania, of the sanction of not sending the statement of defence within the statutory period and, more exactly, the concrete consequences, the practical repercussions of the processual position of the defendant, applicable with the sanction of the withdrawal of rights mentioned above, in the regulation of the Civil Procedure Code of Romania. The article’s structure and content reveal commentaries on art. 208 („Sanction for not submitting the statement of defence”) from the Civil Procedure Code of Romania, on the appreciation of the judge, on attenuating the sanction of the withdrawal of rights and on the incidence of this sanction. In closing, the author states short conclusions with respect to the dispositions of art. 254 („Proposal of evidence. The role of the court”) paragraph (2) point 4 from the Civil Procedure Code of Romania.

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