Material Competence of the Courts of Law in the Light of the New Civil Procedure Code

Author:Ciurea, A.
Position:Law Faculty, Transilvania University of Brasov
Pages:43-48
SUMMARY

For the citizen, one of the first issues to address, in case of a litigation, is that of knowing the public authority where the request is to be submitted. In civil process law, by competence, one should understand the skill, the ability of a court of law to solve certain requests or litigations. The aim of this article is that to present the most important modifications brought by the NEW CIVIL... (see full summary)

 
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Bulletin of the Transilvania University of Braşov
Series VII: Social Sciences • Law • Vol. 5 (54) No. 2 - 2012
MATERIAL COMPETENCE OF THE
COURTS OF LAW IN THE LIGHT
OF THE NEW CIVIL
PROCEDURE CODE
Andreea CIUREA1
Abstract : For the citizen, one of the first issues to address, in case of a litigation,
is that of knowing the public authority where the request is to be submitted. In civil
process law, by competence, one should understand the skill, the ability of a court of
law to solve certain requests or litigations.
The aim of this article is that to present the most important modifications brought by
the NEW CIVIL PROCEDURE CODE in material competence of the courts of law.
Keywords: material competence, modification , criteria.
1 Law Faculty, Transilvania University of Braşov.
1. Introduction
After almost 150 years since the presen t
procedure Code entered into force, in
Romania, the new civil procedure code has
been adopted (NCPC), with the Law
134/2010, republished in the Official
Gazette No. 545/3rd of August, 2012.
Such a change has a very strong impact
on the life of a society, as it directly
affects the jurisdictional mechanism and -
consequently - the prestige of justice and
social security!
The new Code was to enter into force on
September 1st 2012, but, as not sufficient
measures were taken with respect to the
implementation of the new regulation (in
particular, lack of human and financial
resources) – this operation was postponed
for the 1st of February 2012, according to
.GEO. No. 44/2012, published in the
Official Gazette No. 606 of August 23rd,
2012.
2. The modifications brought to the New
Civil Code in terms of material
competence of the courts of law
Basically, according to art. 126 of the
Constitution, justice is administered by the
courts of law. If exceptionally, through
law, special jurisdictions are established in
certain fields, they should be optional and
free of charge; the special jurisdictions
should not impede the access to the courts
of law and their decisions cannot be final.
The delimitation of activities of the
courts' of law from the attributions of
other institutions is established through the
general competence norms.
The competence of the courts of law
between them is establi shed through the
jurisdictional competence rules. The
jurisdictional competence appears under
two forms: material competence
(attribution): thereby the jurisdictional
prerogatives are delimited vertically

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