ro fr
universul juridic magazin

Considerations regarding the legal regime applicable to the regulation procedure of the sue petition under the new Civil Procedure Code

The new Code of civil procedure (NCPC), in force from the 15th of February 2013 establishes a new procedure of regulation of claims in front of courts of first instance, under the declaration of invalidity of claims. The study focuses on the main aspects of novelty of the legal provisions, having in view the difficulties of the acces to justice due to the rigid application, ad litteram, of sole provisions of article 194 NCP, without any effort of a teleological and systhematical interpretation of the law, which led to the invalidation od the majority of claims. The article criticizes some of the relevant decisions of the courts of first instance. The article argues the necessity to distinguish between essential elements of claims, which allow courts to determine the limits of the case and elements which do not prevent the progress of the case. This differentiation allows courts to observe the legal regime of invalidity (based on relative and absolute grounds) of acts of civil procedure, established by articles 174-179 NCPC.