ro fr
universul juridic magazin
Revista Română de Drept Privat

Considerations on motion inadmissibility sanction in case the applicant fails its duty to participate at the session concerning information on mediation procedure

GEO no. 90/2012 has brought important additions to Law no. 192/2006 on mediation and organisation of the profession of mediator, by stipulating the sanction of motion inadmissibility if the information on mediation procedure is found to be missing. The motion inadmissibility sanction is not new in Romanian civil procedure, but its nature and legal regime have always generated contradictory doctrine discussions. The present study aims to investigate the legal status of the motion inadmissibility sanction looked at from the perspective of procedure pleas. It is essential in the context of a trial to determine the procedural means and conditions under which inadmissibility may be invoked in relation to the provisions of the new Civil Procedure Code. Also, we planned to carry out an analysis of the information methodology concerning the mediation procedure, given the newness of the institution. Last but not least, the motion inadmissibility sanction is analyzed from a constitutional point of view and the conformity with Community law.