ro fr
universul juridic magazin
Revista Română de Drept Privat

Raising certain nullities, reasons, respectively defense means concomitantly or, as the case may be, “immediately”. Principle of loyalty

The actual analysis of the rule indicated in the title of this study is preceded by brief references to the principle of loyalty and the estoppels theory. Examining certain specific characteristics of particular hypotheses involving visible institutions – nullity, trial exceptions and challenges for annulment – leads to the useful conclusions of this doctrine proceeding: a certain specific rule is crystallized, a new “pylon” of the civil trial – raising certain nullities, reasons, respectively defense means concomitantly or, as the case may be, immediately. In principle, this new “pylon” of the civil trial is grounded on the newly introduced provisions of the New Code. In order to find the final goal of the New Civil Procedure Code norms, I turned to the trial legislation of countries such as France, Belgium or Algeria. We are walking on unknown and insufficiently explored ground, likely to open up new trial perspectives; it appears necessary to decode and to re-evaluate the new proceedings of the civil trial through the perspective of this rule; it is required to envisage the obligations prescribed by NCPC in time, since the civil trial is initiated and the first trial deeds are performed in order to prevent the intervention of an irreversible trial sanction such as being deprived of the right. This “pylon” of the civil trial is a rule likely to receive own tones from one institution to another, linked to the elements that are undeniably related to the civil trial like discipline, the time factor (simultaneousness), liability and sanctions. Each of these dimensions represents constant elements of the principle but, is distinctly perceived in various fields of civil trial law. Once this rule is discovered (based on an inductive reasoning) it may serve as grounds for creating own arguments in other fields, which may prove useful in the future.