Impactul Noului Cod civil asupra unor instituþii de drept procesual civil
The impact of the new civil code on certain civil procedural law institutions

Summary/Abstract: The new Civil Code has not proposed to regulate the procedural aspects, leaving it to the new Code of Civil Procedure. This will ensue also from the fact that certain procedural provisions of the old Civil Code, such as those relating to evidence, did not find place in the new regulation. However, the new Civil Code impacts upon the civil procedure indirectly, by changing or specifying certain aspects of substantive law which are inextricably linked to the institutions of the civil procedural law: the role of the judge in the matter of family relationships, the standing and the capacity to take legal actions, the timeliness of right to action, the solutions that the Court may rule upon in relation to certain legal deeds, the means of defence (where it is a question of a point of law being challenged on defence or the investiture of the Court is required under a request thereto), the authority of res judicata effects etc. Besides these indirect influences, the law implementing the new Civil Code has brought about changes to the Code of Civil Procedure. This intervention of the legislature deemed necessary due to the early entry into force of the new Civil Code, issue likely to create non-correlations with the civil procedural law, on account of the fact that, initially, the new codes – the civil one and the civil procedure one – were designed to enter into force simultaneously. In order to avoid any legislative gap or terminological mismatches or on the merits, provisions under the Code of Civil Procedure have also been amended, mainly in matters relating to specific procedures. Some mismatches have remained, though, and the case-law or a new intervention of the legislature are to clarify or, where appropriate, to dispose of the same. The issue of direct and indirect influences of the Civil Code on Civil Procedures has not been exhausted, some of which are due to be examined by the authors in future studies and others have not yet been uncovered, judicial practice being the one that shall highlight the same, for sure.

• Details
• Contents