Brief reflections on the settlement of cases in a fair manner and within an optimal and reasonable time limit Cover Image
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Reflecții sumare asupra soluționării cauzelor în mod echitabil și într-un termen optim și rezonabil
Brief reflections on the settlement of cases in a fair manner and within an optimal and reasonable time limit

Author(s): Ioan Leş
Subject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: appeal; legal contest; judgment; complaint; fair trial; review; optimal and predictable time limit; reasonable time limit;

Summary/Abstract: In the present study, the author gives us a general examination concerning the right to a fair trial and of the settlement of the case within an optimal and predictable time limit. The approach is carried out in accordance with the international and internal regulations, but also in consideration of the latest doctrinal and jurisprudential evolutions in the matter. The first part of the study is devoted to the fair trial, and the main ideas promoted in the context are related to the complex character of the subjective right proclaimed by Article 6 (1) of the European Convention on Human Rights. In the second part of the present approach there are presented the procedural meanings of the right to the settlement of the case in an optimal and predictable time limit. Likewise, some considerations have also been formulated on the legal contest concerning the delaying of the trial, a remedy deemed useful by the author, although the results involved by this institution can not be regarded as spectacular. The author also evokes the recent amendments to the new Civil Procedure Code, such as those concerning the suppression of the review filtering procedure and the possibility of extending the term for the motivation of the judgment no more than twice.

  • Issue Year: 2019
  • Issue No: 06
  • Page Range: 27-49
  • Page Count: 23
  • Language: Romanian
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