ro fr
universul juridic magazin
Revista Română de Drept Privat

Problems in the judicial practice regarding the summons by advertising

The summons by advertising should be an exceptional measure and the provisions of art. 167 par. 1 of the Code of civil procedure must be interpreted restrictively. Thus, if the defendant acting as a natural person no longer lives at the address mentioned in the identity card and reflected in the records of the authorities and if the latter cannot be found at another address to be summoned, the summoning proce dure is deemed to have been duly fulfilled at the address mentioned in the identity card, by applying the provisions of art. 91 of the Code of Civil Procedure. The summons by advertising shall not be ordered as the defendant’s address is known. The same solution shall be applicable to legal persons, pursuant to the provisions of art. 229 of the Civil Code.