Perimarea instanţei, evoluţiile aplicării sale în noul Cod de procedură civilă şi carenţele legii
The obsolescence of the Court, the evolutions of its application in the new Civil Procedure Code and the shortcomings of the law

Summary/Abstract: Respecting equality of rights, as well as obligation of discrimination, assumes taking in consideration the treatment that the law provides to those to whom it applies during the period in which its regulations are in force, legal treatment that cannot be different. This paper presents a very serious problem to be debated, the resolution of which the solution consists in the analysis of the constitutionality and / or deficiencies of the law in relation to art. 3 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, in particular in the situation of the Court being time limitation in a suit in respect to art. 46 paragraph 1 of Law no. 10/2001 regarding the legal status of buildings abusively appropriated between 6 March 1945-22 December 1989 (by which the adjournments can last indefinitely without the operation becoming outdated in the old regulation Civil Procedure Code). Further to be verified is the principal of retroactivity of civil procedure law - referring to the civil action being time limitation in a suit - is compatible with art. 6 of the Convention EDO that guarantees the right to a fair trial, and if individuals are dealt with under the old law are discriminated against in relation to those who are judged under the rule of the new law and to which the privilege special time limitation in a suit within 10 years.

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