ro fr
universul juridic magazin

Cancelling in the civil proceedings. Brief critical considerations from the perspective of the new Code of civil procedure

With a broad practical application, the preclusion expresses the idea of procedural penalty based upon the non-exercise of a right during a given period of time. Nevertheless, we find the concept of preclusion in the procedural matter and also in the substantive matter (art. 2.545-2.550 NCC), where the preclusion is defined as a penalty of civil law consisting in the withdrawal of the subjective right not exercised within the period of time set forth by law or by parties, and this period is known as prefix period or limitation period. In the judicial matter (art. 185 NCPC), the main effect of the preclusion consists in the withdrawal of all the possibilities of valorising the procedural right not exercised within the legal period. On the other hand, we have to emphasize the fact that the preclusion exclusively refers to the exercise of the procedural rights subsequent to the court notification. As a procedural penalty as well, the preclusion has an effect upon the judicial documents executed during the court proceedings, resulting in the annulment of the judicial document executed after the expiry of the legal period, which shall determine the influence of preclusion on the documents executed subsequently to the belated document.