Particularities on the regulation of the sue petition, in the light of practical difficulties and legislative changes

Author:Andrei-Radu Dinca
Position:Judge, Teleorman County Court
Pages:30-38
SUMMARY

According to the Romanian Civil Procedure Code, one of the trial stages of first instance is represented by the written stage in which, as a general rule, the fulfillment of the requirements regarding the petition content is analysed. This stage is a novelty of the new Civil Procedure Code. The purpose of this check is to prevent the introduction of an inform application, as well as for... (see full summary)

 
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LESIJ NO. XXVI, VOL. 1/2019
PARTICULARITIES ON THE REGULATION OF THE SUE PETITION, IN THE
LIGHT OF PRACTICAL DIFFICULTIES AND LEGISLATIVE CHANGES
Andrei-Radu DINC
Abstract
According to the Romanian Civil P rocedure Code, one of the tria l stages of first instance is
represented by the written stage in which, a s a gener al rule, the fulfillment of the requirements
regar ding the petition content is analysed.
This stage is a novelty of the new Civil Procedur e Code. The purpose of this check is to prevent
the introduction of a n inform application, as well as for p redictability reasons, in order to gua rantee
theăotherăpartiesătheărightăofădefendăoneself,ăinăorderătoăbeăableătoăeffectivelyărespond ătoătheăplaintiff’să
claims.`
However, the institution has experienced some inter pretation a nd enforcement difficulties, but
also legislative changes tha t will be the subject of our analiysis.
Keywords: sue petition, regulation, written sta ge, inform application, enforcement difficulties.
1. Introduction
The new civil procedural law, in force
since February 15, 2013, meaning the New
Romanian Code of Civil Procedure Code,
surprised by a novel legislative element,
namely the establishment of a distinct written
stage in the first instance court, immediately
after the introduction of the sue petition.1
At this stage, the parties are mutually
aware of their claims and defense, as well as
Judge, Teleorman County Court (e-mail: andreiradudinca@yahoo.com).
1 The following provisions of Article 200 of the Code of Civil Procedure are relevant regarding the conduct of
tСОăаrТttОnăproМОНurО:ă“(3)ăАСОnătСОăapplТМatТonăНoОsănotămООtătСОărОquТrОmОnts of Art. 194-197, the applicant shall
be notified in writing of the shortcomings, stating that within maximum 10 days after receipt of the communication,
he shall make the ordered additions or modifications, subject to the sanction of petition annulment. It is exempt from
this sanction the obligation to designate a common representative, in which case the provisions of Art. 202 par. (3)
are applicable.
(4) If the obligations regarding the filling in or modification of the application provided in Art. 194 lit. a) -c), d)
only in the case of factual reasons and f), as well as Art. 195-197, are not fulfilled within the time limit stipulated in
par. (3), the application is annulled.
(4 ^ 1) The complainant may not be required to supplement or amend the sue pe tition with data or information
which he or she does not have in person and for which the court is required to intervene.
2 GabrТОlăBoroТ,ă Civil procedur al law. 3rd edition, revised and added”,ăHamanРТuă PublТsСТnРăHousО,ă 2016,ă
Bucharest, p. 332.
3 Gabriel-SanНuăLОПtОr,ă“Sue petition regulation a tool for achieving the right to a fair and a nd a predictible
case”,ăPrТvatОăLaаăMaРaгТnО,ăno. 4/2013, p. 115-116.
of the means of evidence they intend to
administer.2 The reason for setting up this
procedure is, at least on a theoretical level, to
increase the efficiency for the trial, to reduce
the length of the civil trial, to ensure all
procedural guarantees, in particular the right
to defense and the principle of contradictory.3
As the Constitutional Court of
Romania ha s also d ecided, in the Decision
no. 479 of November 21, 2013, published in
the Official Journal no. 59 of January 23,
201Ő:ă “TСОă proМОНurОă (...)ă Тsă tСОă optТonă oПă

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