OPINIE JURIDICĂ Referitoare la cererea în vederea pronunţării unei hotărâri prealabile pentru dezlegarea unei chestiuni de drept referitoare la necompetenţa materială/funcţională
LEGAL OPINION The request for a preliminary ruling in respect of a point of law concerning material / functional incompetence

Summary/Abstract: The article analyzes how the material incompetence of the court should be invoked by the court invested with the decision of decline jurisdiction.Through the new Code of Civil Procedure, the legislature no longer allows the exception of material and territorial incompetence to be invoked until the debates on the substance begin, drastically limiting the time period during which it can be invoked, without the possibility of derogation. In relation to the provisions contained in art. 130 paragraph 2, art. 131 paragraph 1 and art. 132 par. 2 C. pr. civ., the first court seized became competent following the interlocutory conclusion pronounced in terms of general, material and territorial competence, which is why the exception of the material incompetence can no longer be questioned before this court. At the same time, the second court invested (in favor of which the power of resolving the case has declined) has the obligation to verify its own jurisdiction, if it were not so, it would be impossible to ever arise the negative conflict of jurisdiction

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