SMALL CLAIMS – MODERNITY AND IMPLICATIONS
SMALL CLAIMS – MODERNITY AND IMPLICATIONS

Summary/Abstract: The Romanian legislator used a European Union Law legal instrument as a guide for regulating the special procedure of the small claims.The scope of this procedure, although, at first glance does not seem wide, comes to have implications in most area of the law, mainly the private sector. It happens since parts of the criteria used for assigning a case to the low value category are subject to interpretation.This is not cause for concern, since the current procedure code presents this special procedure as an alternative to the common law procedure, thus recurring to this path not being compulsory for the legal issues that might fall within its scope. It can be easily observed that the legislator sought to devise the rules shaping the special procedure so that it will ensure, as much as possible, the speed of the procedure, which seems to be the ultimate advantage conferred by it.

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