ro fr
universul juridic magazin

Seizure insurer – a look from the perspective of the new Code of Civil Procedure

As is known, the new Code of Civil Procedure reconsidered, sometimes significant, enough procedural institutions, proposing a new vision and giving them (also) another sense than the traditional one. Sometimes, however, the intervention of the legislator of the new Code was rather conservative, with a preference for major or even detailed characteristics of the institutions. The seizure insurer rather fits in this last category, its rearrangement being done with caution, without feeling, iconoclast, the need for a fundamental rewriting of this precautionary measure. The novelties related, as can be seen, to the intention to put an end to doctrinal disputes and/or jurisprudential on the interpretation of legal provisions, as well as the need to complete the regulation in order to give them more clarity. It should be noted, however, the transfer – one done with changes, additions or, where appropriate, renunciations – in the Code of Civil Procedure of provisions relating to seizure ensure of civilian ships, contained in the Commercial Code of 10 May 1887 and which, in consideration of the specificity of this special category of assets, imposed such a legislative solution.