ro fr
universul juridic magazin

Postponement of the proceedings and of the enforcement procedure in the regulation of the new Code of civil procedure

This article aims at presenting the legal regime of the postponement of the proceedings in the light of the new Code of Civil Procedure. The postponement of the proceedings may be defined as the action taken by the court under a resolution, by indicating the reasons, de factor and de jure, for continuing the legal activity of investigation and debate on the merits of the trial on a future hearing date, during another court session. The forms of postponement of the proceedings provided for under the new Code of Civil Procedure may be divided into two forms: postponement of the proceedings not pending trial at the beginning of the court session and not leading to debates and the postponement of the proceedings during the court session when there are well-founded reasons and the postponement of the proceedings was not requested at the beginning of the court session. The postponement of the proceedings based on the parties’ agreement and the postponement of the proceedings for lack of defense may also be classified into the postponement of the proceedings during the court session. The main reasons for the postponement of proceedings set forth in the Code of Civil Procedure are further analysed, such as: the postponement of the proceedings in case of illegal summons, the postponement of the proceedings as a result of the amendment of the writ of summons, the postponement of the proceedings in the assumption of filing certain motions to intervene or of the counterclaim, the postponement of the proceedings in virtue of settlement of the procedural pleas, the postponement of the proceedings caused by the need to produce evidence, the specific reasons for postponement within the arbitral procedure, the postponement of the proceedings within the judgment of the legal remedies and in the course of the enforcement procedure. Finally, the patrimonial consequences causing the postponement of the proceedings are described, as well as the separation of the institution of postponement of the proceedings from other legal institutions presenting certain similarities with the former institution, such as postponement of the delivery of the judgment, postponement of the enforcement procedure, the grace period and the suspension of the court session.