Amendment of the Civil Procedure Code: materialized opportunities versus missed opportunities Cover Image

Modificarea Codului de procedură civilă: oportunităţi materializate versus oportunităţi ratate
Amendment of the Civil Procedure Code: materialized opportunities versus missed opportunities

Author(s): Alexandru-Paul Dimitriu
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: representation; absolute incompatibility; request for intervention; resettlement; optional competence; communication of procedural documents; application verification procedure

Summary/Abstract: The amendment to the Civil Procedure Code is a real necessity in order to harmonize the civil procedural legislation with the decisions of the Constitutional Court, with recourses in the interest of the law and with the preliminary decisions, but also to solve other rather thorny issues that have arisen in the last 5 years. In general, the amendments proposed refers to the representation, absolute incompatibility, request for intervention, resettlement, optional competence, communication of procedural documents, application verification procedure, fixing of the first trial term, judicial inquiry, administration of evidence, appeal for annulment, revision, filtering of appeals procedure, forced execution. Most of the amendments intend to simplify as much as possible the court procedure from the judges perspective. Thus some well-functioning civil-procedure institutions were made unusable and the civil procedural provisions that created the biggest problems in practice (eg the procedure for verifying the application) were left unmodified.

  • Issue Year: 2018
  • Issue No: 07
  • Page Range: 371-374
  • Page Count: 4
  • Language: Romanian
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