ro fr
universul juridic magazin

Statement of defense from the perspective of the new civil procedural rules

The statement of defense serves as the defense authority to act, being the pleading by which the defendant seeks to defend himself, in fact and in law, against the plaintiff’s claims. The statement of defense contributes to foreshadow the object and limits of the civil trial, to ensure the procedural balance of the parties in dispute, to urge the settlement of the case and to prevent the abusive or delayed exercise of the procedural rights. The statement of defense shall be filed, usually within 25 days from the communication of the of the application initiating proceedings under penalty of termination of the right to bring evidence and to invoke any exception.\ The rule of servicing the statement of defense is a solution designed to eliminate the surprise and to ensure the contradictoriality, the right to defense, equality of arms, which is consistent with the case law and the doctrine in the matter.