O propunere de reconsiderare a procedurii de regularizare reglementate de art. 200 C.proc.civ.
Proposal for reconsideration of the regularization procedure regulated by art. 200 of the Civil Procedure Code

Summary/Abstract: The regularization procedure was the subject of almost endless discussions and controversies, a circumstance that also determined the frequent legislative changes adopted in a relatively short time since the adoption of the new Civil Procedure Code. The author considers that the verification and regularization procedure, enshrined in art. 200 of the Civil Procedure Code, generated more practical difficulties than the advantages expected by the legislator. The author's approach states that the previous regulation was simpler and much more rational than the current one, because the non-fulfillment of the lack of demand led only to the suspension of the trial, and not to the application of the severe sanction of annulment of the request. The current regulation did not correspond to the proposed purpose, the speedy settlement of the civil process, but, on the contrary, it established favorable premises for a totally unjustified procrastination. The present approach highlights that the institution is also known in comparative law, but the preferred solution is to return the request to the defendant, and not to cancel it. At the end of the study the author proposes the reconsideration of the regularization procedure by returning to the previous situation or by establishing the “sanction” of restitution of the plaintiff's request.

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