Does Law no. 202/2010 Ensure the Acceleration of the Civil Matters' Settlement?

• Author: Alexandrina Zaharia - Adriana Pascan - Adrian Zaharia
• Position: Associate Professor, PhD, Faculty of Law, 'Danubius' University of Galati, 3 Galati Boulevard, 800654 Galati, Romania - Senior Lecturer, PhD, Faculty of Law, 'Danubius' University of Galati, 3 Galati Boulevard, 800654 Galati, Romania - PhD in progress, Public Notary Office ?Adrian Zaharia', Tiglina, 157 Brailei Street, bl. A7, ap. 12, Romania
• Pages: 5-15

Alexandrina Z

Abstract:

In this paper we ar

of some dispositions in La

adjudication of matters, know

the Code of Civil Procedure

days after the New Code of Ci

some dispositions regarding

the Romanian legislator, to a

the New Code. The reform (c

some principles such as the a

and fair t rial as well as the f

answers the necessity of tran

civil procedure, b eginning

accelerating the determinatio

Code of Civil procedure hav

they determined different int

same institution. The prese

practiti

oners of law have ex

legislator has set in that l

abovementioned law, regard

regarding claims with the ob

of the instance and the effec

can issue. At the same tim

e,

this study (to avoid issuing

obviously with negative effe

will be transposed into judici

of civil procedure) will have

1

Associate Professor, PhD, Fac

Romania. Tel.: +40.372.361.1

danubius.ro.

2

Senior Lecturer, PhD, Faculty

Romania. Tel.: +40.372.361.102

3

PhD in progress, Pu

blic Nota

Romania. Tel.: +4

0.336.415.759

J



Does Law no. 202/2010 Ensure

Acceleration of the Civil Matt

Settlement?

a ZAHARIA

1

, Adriana PACAN

2

,

Adrian ZAHARIA

e are trying to offer those practicing law a theoretical a

nd pract

Law 202/ October 25, 2010 regarding some measures to a

nown as the Law on the Small Justice Reform, that amended a

re. The law on acce

lerating justice was adopted only three m

f Civil procedure was published. This law is important due to

ng certain institutions of civil p rocedural law, that have the rol

o accelerate the determination of matters, institutions that are

(change) in the Romanian civil trials took into consideration

e access to justice

, equality of the parties in civil l awsuits, th

e fact that any reform has to guarantee that the judicial system

ransparency and democracy. Still, t he application of the new

d

g with Law no. 59/1993 and until the coming into forc

ation of matters, namely the past 17 years, the amendments b

have not always been benefi

cial for the Romanian litigant by

interpretations leading thus to a non unitary judicial practice ev

esent law is not safe either from critics t hat some theo

expressed, bein g interested in accomplishing the purpose t

t law. In this paper, the authors aim at analyzing the im

arding the material competence of the trib unal in t

rials and

object of payment up to 2000 lei; adjudicating the objection t

fect of non invocating it on legal basis; the solutions that the

e, without getting into theoretical disputes regarding these is

g decisions that could be given in applying the same no rm

ffect on the litigant parties), we will try to propose

solutions

icial norms of civil procedure (until the coming into force o f t

ave a positive effect in the accelerated development of the Ro

aculty of Law, “Danubius” University of Galati, 3 Galati Boulevard,

1.102, fax: +40.372.361.290. Corresponding author: alexa

ndrina

lty of Law, “Danubius” University of Galati, 3 Galati Boulevard,

02, fax: +40.372.361.290. E

-mail: adriana.pascan@univ-

danubius.ro.

otary Office „Adrian Zaharia”, Tiglina, 157 Brailei Street, bl. A7,

59,

fax: +40.336.415.759. E-mail: birounotar@gmail.com.

AUDJ, vol. VII, no.

JURIDICA

5





ure the

atters’

IA

3

actical approach

o accelerate the

d and completed

months and 11

to the content of

role intende

d by

are not found in

on the respect of

the right to due

tem is e fficient,

dispositions of

orce of l aw on

s brought to the

by the fact that

even within the

eoreticians and

e the Romanian

impact of the

nd the requests

n to jurisdiction

the appeal court

issues raised in

m of procedure,

ons in case they

f the New Code

Romanian civil

rd, 800654 Galati,

rinazaharia@univ

-

d, 800654 Galati,

ro.

7, ap. 12,

Galati,

o. 1, pp. 5

-15