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universul juridic magazin
Revista Română de Drept Privat

Înlăturarea procedurii de regularizare în rândul unor proceduri speciale

Towards the end of 2014, the legislator understood to adopt Law no. 138/2014 for the amendment and supplement of Law no. 134/2010 regarding the Code of civil procedure, as well as the amendment and supplement of certain related normative acts. Through the agency of this legal act, it was provided, inter alia, (eternally and traditionally) subject to certain contrary provisions, the removal of the regulation procedure set forth by the provisions of art. 200 of the Code of civil procedure in the case of the special procedures not complying with this. Since the legislator did not understand to define this inconsistency and to provide the main reporting elements, in this study we intended to identify these criteria and to determine, on a case by case basis, how it shall be appreciated in the case. To this end, we carried out a brief overview of some of the special procedures of the Code of civil procedure, examining to what extent the application of the regulation procedure represents a choice, say, “advisable” in the context of the present legal act.