ro fr
universul juridic magazin

The written stage of the civil proceedings in the light of the new Code of Civil procedure, republished

The new Code of Civil Procedure, Law 134/2010 entered into force on 13 February 2013 provides for structuring civil trial in three main phases: the stage of the written, study instance, and debate the merits. The civil process knows two main phases namely, judgment and enforcement, the last one being absent as long as court solution is made voluntarily or by part of that has earned the right of the court waive the force of constraint of the state to obtain the execute benefit gained. The written phrase of the civil process is not a new solution of the Code of Civil Procedure, defining the T0 moment of investing court with a summons to the judge and the moment T1 of the first term of judgment. The writing step represent an administrative activity, where the roles of the judge and the clerk are defining in preparation begins judgment and consequently to establish or exercise the rights and interests of litigants in civil cases to be decided according to the procedure established by law.