ro fr
universul juridic magazin
Revista Română de Drept Privat

The regulation procedure of the statement of claim and the deeds of settlement of the parties the civil trial

The regularization procedure of the petition to sue already raises many problem of interpretation in the case law, although it was conceived as a procedural institution intended to avoid the agglomeration of the court with informal documents instituting the proceedings. This study aims at examining onlysome theoretical and practical problems that the regularization procedure may involve. The author first provides a useful perspective on the regulation of the regularization presented references of comparative law give us an insight into the regulation of the institution in other countries, highlighting some important features regarding the particular incident penalty in case of refusal of the applicant to amend or supplement the application. The study also gives us some options related to the incidence of the regularization procedure, considering that essentially the institution aims at all documents instituting the proceedings: the petition to sue, the appeal, the appeal, the appeal against enforcement and the claims of practicing extraordinary legal remedies. A particular analysis is performed on the deeds of settlement that may be used during the civil trial, the author opting for the solution that the court may take note of the withdrawal of the plaintiff and during the regularization stage of the petition to sue.