ro fr
universul juridic magazin

Certain aspects on the regulation of the sue petition and the new regulation of the judicial stamp duty

The regularization procedure, provided for by art. 200 of the New Code of Civil Procedure, already forms the object of doctrinal researches, but also of a legal practice in the process of crystallization, since the verification and, if necessary, the regularization of the statement of claim are the first procedural documents file to a panel of judges, or, as we know, the New Code applies only to trials initiated after its entering into force (art. 3 of Law no. 76/2012). This study is not exhaustive and does not propose to discuss in detail the views already expressed, but aims to summarize some aspects that have already raised issues in practice, namely that have generated controversy in the doctrine. It is concluded that the regularization procedure of the statement of claim, established by art. 200 NCCP, forms a useful item to ensure from the beginning the observance of the conditions necessary for the proper conduct of the trial, the defendant’s right of defense, and a full contradiction. On the other hand, it is examined the interference of the regularization procedure of the writ of summons to the recent G.E.O. No. 80/2013 on judicial stamp duties, which provides an opportune reform in the field, adapting the regulation of the legal stamp duties to the provisions of the NCCP.