ro fr
universul juridic magazin
Revista Română de Drept Privat

Several considerations on acts of civil procedure

Given that the conduct and deployment of civil lawsuits are of general interest, the legislature has ruled that the content of the legal proceedings and their fulfilment cannot be at judges or litigators’ disposal, reason why these features are designed by law in detail. Such legal provisions, which settle the way an ongoing civil trial should take place, are called procedural acts, and prescribe both the day-to-day courts and their auxiliaries ‘activities, and the relations between these authorities and litigators. Procedural acts, as a whole, are meant to ensure a fair and consistent application of justice to all cases that come before a court. In an attempt to establish a correlation between the procedural acts and the legal proceedings, the authors have defined the procedural acts as what the relevant laws prescribe, whereas the legal proceedings should be the accomplished procedural acts. It should be noted that the terms of „procedural acts” („forme de procedură”) and „legal proceedings” („acte de procedură”) are often used together – „structure of legal proceedings” („forma actelor de procedură”) – as it is intended to express the extrinsic requests for the existence and validity of such acts.