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

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