Timpul si norma de procedura civila
Civil procedure time and standard

Summary/Abstract: Time has affected everything that is Life. Implicitly, time has influenced and will decide Law. Time is a study constant in various fields such as philosophy, sociology, physics, mathematics, astronomy, law. Taking into consideration the fact that, in the legal doctrine, time is defined in the light of law, usually as a succession of moments, the notion of legal time has also become ever more present and it is different from the philosophic or sociologic time. Nevertheless, this notion of legal time is divided, in its turn, in the time specific to the trial, the time of the substantive law or the judicial time, lato sensu. All these notions are delimited from the framework notion of legal time. Starting from these findings, we believe that, in the matter of civil procedural law, we can speak of a civil procedure time, which is delimited from other subcategories of legal time and contains in its definition object: procedural time limits, provisional moments in the civil trial relating to one or several legal consequences, succession in time of certain events relevant for the civil trial. The civil procedure rules are not conclusive and immutable as long as they do nothing else but to establish and transpose the evolution of the society and its values into the civil trial plan. Just like society has the natural and normal tendency to evolve, in one direction or another, the civil procedure rules will also change. This amendment of the civil procedure rules occurs under the auspices of time. Time will affect the civil procedure rules both from outside (the evolution of humanity will also determine the change of the rule) and from inside (the society, over time, will impose new rules, new goals that will determine changes of procedural terms, reviews, time intervals, the moment when new regulations become effective). These are some considerations that have made us believe in the usefulness and relevance of this work in relation to the current and future context of the civil trial.

• Details
• Contents