Succinte consideraţii cu privire la dreptul la acţiune în contextul Legii nr. 165/2013 privind măsurile pentru finalizarea procesului de restituire, în natură sau prin echivalent, a imobilelor preluate în mod abuziv în perioada regimului comunist
Brief considerations regarding the right to action in the context of Law no. 165/2013 on the measures to complete the process of restitution, in kind or by equivalent, of properties abusively taken during the communist regime

Summary/Abstract: The reparatory purpose of Law no. 165/2013 should guide the interpretation of certain procedural issues that have arisen in the law implementation process. The procedural norms contained in Law no. 165/2013 must be interpreted in such a way as to facilitate, and not to impede excessively and unfairly the right of access to a judgment on the merits on the existence and extent of the right to remedy. Starting from this premise, we have analysed the legal provisions from the perspective of the conditions to exercise the right to action, as well as from the perspective of the access to all the procedural means within the scope of civil action. The purpose of the interpretations we propose is to ensure both the effective access to justice and the reparatory purpose of the law.

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