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universul juridic magazin
Revista Română de Drept Privat

Novelty issues in the field of precautionary and interim measures under the new code of civil procedure

The New Code of Civil Procedure sets forth, in addition to the precautionary measures which were covered under the old code (seizure, precautionary attachment, judicial seizure), new procedures such as: seizure of civilian vessels and other interim measures related to intellectual property rights.\r\n\r\nIn respect of the interim measures also covered under the old code, the same solutions are kept in broad lines, though some changes are brought in order to put an end to controversies existing in judicial practice or meant to remove some regulatory deficiencies under the previous legislation: the regulation of the settlement authority where the precautionary measure is sought during the period in which the trial on the merits is in the first appeal or the second appeal, the time of submission of bail, the communication of the hearing report to the borrower etc. There are also changes imposed by the philosophy of the\r\nNew Code of Civil Procedure in the matter of remedies: the replacement of the remedy of second appeal with that of the first appeal.\r\n\r\nThe precautionary measures regime established under the Code of Civil Procedure shall equally apply to the relations between professionals, being removed the parallel regulation that existed in this area during the period of implementation of the former Commercial Code.\r\n\r\nThe Code of Civil Procedure may also cover other conservative measures generically called interim measures, in the field of the protection of intellectual property rights. These were included in the Code of Civil Procedure in the legislature’s attempt to unify the procedure applicable to the various intellectual property rights, governed by special laws.