ro fr
universul juridic magazin

Summons and service of process according to the new code of civil procedure

The contradiction and the right of defense, as fundamental principles of the civil lawsuits, shall be provided, amongst others, based upon the summons and service of process.

As a rule acknowledged in all civil proceedings of democratic states, the mandatory summons of parties so that a court order could be passed, represents the starting point of the lawsuit and the basis for observing the procedural principles. The new Code of Civil Procedure, intended to improve the techniques of summons and service of process, in order to assure the certainty of knowing effectively the lawsuit and deeds drafted in relation to this, shall determine, upon its effective date, important changes being generally positive, in the examined field, but without neglecting the pecuniary involvements that such a system supposes.

A handling which is compared with the current French regulation and case law on quantum, which proves its efficiency in a concrete manner, may show that the accurate consequence of the new procedural provisions shall result in a surplus of the activity of courts.