Reflections on Termination of the Quality of being a Party by Incidence of the Sanction of Obsolescence, in the Light of the Provisions of the New Code of Civil Procedure

• Author: Murzea, C.
• Position: Centre 'Advanced Research on Mechatronics', Transilvania University of Brasov
• Pages: 79-84

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 5 (54) No. 2 - 2012

REFLECTIONS ON TERMINATION OF

THE QUALITY OF BEING A PARTY BY

INCIDENCE OF THE SANCTION OF

OBSOLESCENCE, IN THE LIGHT OF

THE PROVISIONS OF THE NEW CODE

OF CIVIL PROCEDURE

Cristinel MURZEA1

Abstract: This study is designed to carry out an analysis on the subject of

termination of being a party in a civil lawsuit, showing that this can occur

either naturally or as a result of developments in the material or procedural

plan regarding civil relations, either voluntaril y or involuntarily. The status of

being a party may be lost as a result of the incidence of obsolescence

sanction. The author, developing this hypothesis, shows that this civil penalty,

regulated by article 248 paragraph (1) of the Code of Civil Procedure and

nearly identical to its counterpart - art. 410 - the new Code of Civil

Procedure, which strikes the indifference of the authors’ request or appeal

and any reform or withdrawal requests, which he leaves aside for a period of

6 months determines the lack of efficiency of all the pleadings made by that

court, meaning that, in practice, the process goes in the state of being

surprised by the obsolescence decision.

Key words: the new (Romanian) Civil Procedure Code; civil lawsuit;

obsolescence sanction.

1 Centre “Advanced Research on Mechatronics”, Transilvania University of Braşov.

1. Introduction

The termination of the quality of being a

party in the civil lawsuit may occur in a

natural way in most of the cases when we

talk about situations of force majeure or as

a result of some developments in the field

of material or procedural legal relations.

In this study we will develop the subject

of the termination of the quality of being a

party in the civil lawsuit which may also

occur as an incidence of procedural

sanctions which may lead to the

termination of the trial and, less often, only

the termination of the procedural quality of

being a party by one of the parties of the

civil lawsuit. We will consider the

obsolescence and we will develop this

matter as follows:

Obsolescence is the penalty to be applied

to the party showing disinterest in the

development of the case before the court of

first instance or during appeal proceedings,

in the course of one year in civil cases and

six months in commercial cases.