ro fr
universul juridic magazin
Revista Română de Drept Privat

A short exegesis (critique) of the obsolescence of the proceedings in the lawsuit

In the Romanian lawsuit, the legislator was permanently concerned with the fact that, during the legal proceedings, the procedural documents should be serviced within the established deadlines; otherwise, the lack of their procedural activism is sanctioned with the limitation.However, to the same extent, the legislator’ intention was that the lawsuit, in its entirety, should not be recorded, and for this purpose it set forth deadlines to service the procedural documents, and the exceeding of these maximum deadlines between two procedural documents, either in the trial stage, or in the enforcement stage, shall lead to a presumption of withdrawal of the party from the introductory action in the judicial process, from the claim under which a remedy at law was lodged or from the application for enforcement procedure. The validity of the procedural documents shall be subject to an essential requirement, according to which two consecutive procedural documents have to be serviced within a deadline not exceeding 6 months, otherwise the sanction imposed on the non-observance of such mandatory legal deadlines shall be the obsolescence.