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universul juridic magazin

Regularization of the application for summons – a tool for achieving the right to judgment of the case within optimal and predictable period

The summons request regularization procedure is one of the new institutions of the NCPC (New Civil Procedure Code) that, by the fact that it is the first filter through which the content of the application is examined and reported to the new rules of the civil practice conduct, encountered in practice the fiercest opposition for application on behalf of all those for whom the subpoena request nullity came as a surprise; in an attempt to save obviously shapeless actions, discussions were launched on the court’s assessment limits, regarding the importance of the element omitted by the applicant when the summons request was drawn up, when it orders the annulment or refer to the incidence of other procedural sanctions applicable on the subsequent stages of the process; these interpretations must be rejected because they end up voiding the summons application regularization institution of content which, by the fact that it provides for the possibility of using a re-examination request or judicial stamp tax refund, has also set guarantees of respecting the fair trial right of the applicant.