The Legal Difficulties Generated by the Alteration of the Provisions Regarding the Hearing of Witnesses by the Court Within the Civil Procedural Code

Author:Bogdan Sebastian Gavrila - Oana Luiza Petruta Posmac
Position:PhD Candidate, Bucharest University of Economic Studies, Romania, Judge (email: gavrila.bogdan.sebastian@gmail.com). - PhD Candidate, University of Sibiu, Faculty of Law, Judge (email: posmacoanaluiza@gmail.com).
Pages:26-33
SUMMARY

Since Law no. 310/2018 has altered the legal provisions of the Civil procedural code regarding the way in which witness testimony is to be obtained, a certain number of difficulties have been generated due to the fact that the actual hearing of witnesses has to occur in a radically different manner, thus imposing on the court some obligations which may prove troublesome in the future. The paper... (see full summary)

 
FREE EXCERPT
LESIJ NO. XXVI, VOL. 2/2019
THE LEGAL DIFFICULTIES GENERATED BY THE ALTERA TION OF THE
PROVISIONS REGARDING TH E HEARING OF WITNESSES BY THE COURT
WITHIN THE CIVIL PROCEDURAL CODE
Bogdan Sebastian GAVRIL
Oana Luiza Petrua POSMAC
∗∗
Abstract
Since Law no. 310/2018 has altered the legal provisions of the Civil procedural code
regarding the way in which witness testimony is to be obtained, a certain number of difficulties have
been generated due to the fact that the actual hearing of witnesses has to occur in a radically different
manner, thus imposing on the court some obligations which may prove troublesome in the future. The
paper aims to establish some proper practices, in terms of ensuring for all parties a fair trial whilst
also abiding by the new legal solutions.
Keywords: Civil procedural code Problems Witness Testimony Hearing Proper Conduct of the
Court.
1. Introduction
1.1. What matter does the paper
cover?
The article shall endeavour to establish
a preliminary point of view regarding the
effects of Law no. 310 which was adopted in
2018 on the plaintiff, the defendant but also
on what it implies for the judge should it
apply the new provisions to the letter.
It shall also attempt to identify
potential solutions needed to avoid legal
difficulties generated by the new alterations
to the Civil procedural code, including
interpreting the text in accordance with the
other relevant legal provisions, analysing the
opportunity of a de lege ferenda effort and
ultimately the necessity of implicating the
Constitutional Court of Romania into the
matter at hand.
PhD Candidate, Bucharest University of Econ omic Studies, Romania, Judge (email:
gavrila.bogdan.sebastian@gmail.com).
∗∗ PhD Candidate, Universi ty of Sibiu, Faculty of Law, Judge (email: posmacoanaluiza@gmail.com).
1.2. Why is the studied matter
important?
The study matter is paramount because
there are a great deal of cases in which
witnesses are heard by the court. It should
always ensure that witness testimony is
obtained in a legal mannor and in
accordance to both the national legal
provisions but also the European Court of
Human Rights case law. The impact of
witness testimony on the outcome of trials
cannot be refuted and hence the necessity of
identifying a workable legal method of
administering the evidence, in
circumventing potential problems which
may arise.
1.3. How does the author intend to
answer to this matter?
It is hoped to reach the objective of
offering a very detailed outlook on the

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